Guille v. Sweeney et al

Filing 113

ORDER denying without prejudice 92 Motion for Preliminary Injunction; denying without prejudice 106 Motion for TRO; granting 111 Motion for Leave to File. Signed by Judge Dana L. Christensen on 7/10/2017. Mailed to Guille. (TAG)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

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District court

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O\stfl N\issoula

CV 14-00051-H-DLC-JTJ

ADRIAN GUILLE,
Plaintiff,
vs.

ORDER

JOSH SWEENEY, TOM WOOD,
CHRIS CONNEL, MYRON BEESON,
SGT. ROBERT TURNER, JOSH
KNIGHT, SAMUEL SHORT, JASON
TRUDEAU, GARRETT KENT,
DANIEL SEGOVIA AND LEROY
KIRKEGARD.
Defendants.

Plaintiff Adrian Guille is a prisoner proceeding pro se and in forma
pauperis. He is incarcerated in New Jersey. (Notice of Change of Address, Doc.
112.) Pending are Mr. Guille's Motion for Protective Order and Temporary
Restraining Order (Doc. 92), Mr. Guille's Motion for Temporary Restraining
Order (Doc. 106), and Defendants' Motion for Leave to File Supplemental
Response to Mr. Guille's Motion for Preliminary Injunction and Temporary
Restraining Order (Doc. 111 ). The motion for leave to file a supplemental
response is granted.

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Mr. Guille has been transferred from Montana State Prison to a prison in
New Jersey. (Notice of change of address, Doc. 112.) As such his Motions for
Protective Order and Temporary Restraining Order (Docs. 92, 106) are moot. See

Darringv. Kincheloe, 783 F.2d 874, 876-77 (9th Cir. 1986) (inmate's claim for
injunctive relief should be dismissed as moot when inmate transferred to another
prison and no reasonable expectation or demonstrated probability that inmate
would again be subjected to conditions from which he seeks injunctive relief); cf

Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir. 1995) ("An inmate's release from
prison while his claims are pending generally will moot any claims for injunctive
relief relating to the prison's policies unless the suit has been certified as a class
action.")
Based upon the foregoing the Court issues the following:

ORDER
1. Mr. Guille's Motion for Protective Order and Temporary Restraining
Order (Doc. 92) is DENIED without prejudice.
2. Mr. Guille's Motion for Temporary Restraining Order (Doc. 106) is
DENIED without prejudice.
3. Defendants' Motion for Leave to File Supplemental Response to Mr.
Guille's Motion for Preliminary Injunction and Temporary Restraining Order
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(Doc. 111) is GRANTED.
4. At all times during the pendency of this action, Mr. Guille must
immediately advise the Court and opposing counsel of any change of address and
its effective date. Failure to file a notice of change of address may result in the
dismissal of the action for failure to prosecute pursuant to Federal Rule of Civil
Procedure 41 (b ).
DATED this l 0 ft,day of July,

Dana L. Christensen, Chief Judge
United States District Court

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