ARNOLD v. PRISON HEALTH SERVICES et al

Filing 62

ORDER DENYING plaintiff's motion for preliminary injunction 57 as MOOT. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/15/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RODNEY NEAL ARNOLD,
Plaintiff
v.
PRISON HEALTH SERVICES,
et al.,
Defendants

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CIVIL ACTION NO. 1:14-CV-0345
(Chief Judge Conner)

ORDER
AND NOW, this 15th day of July, 2014, upon consideration of plaintiff’s
motion (Doc. 57) for a preliminary injunction, in which he seeks an order
preventing defendants from providing to him any medical treatment, and the
Supreme Court having stated that “a present, live controversy . . . must exist if we
are to avoid advisory opinions on abstract propositions of law, ” Hall v. Beals, 396
U.S. 45, 48 (1969), see Burkey v. Marberry, 556 F.3d 142, 147 (3d Cir. 2009)
(recognizing that federal courts may adjudicate “only actual, ongoing cases or
controversies”) (quoting Lewis v. Continental Bank Corp., 494 U.S. 472, 477 (1990)),
and if developments occur during the course of adjudication that prevent a court
from being able to grant effective relief, the matter must be dismissed as moot,
Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698–99 (3d Cir.1996), and it
appearing that Werner Eye Associates last treated plaintiff on November 9, 2012,
and has not attempted to schedule any additional treatment, and that on March 31,
2014, Pennsylvania Retina Associates terminated plaintiff’ as a patient (Doc. 60-1, at
2), and on July 3, 2013, plaintiff signed papers refusing any and all medical

treatment by Pennsylvania Retina Associates and that all future appointments
were cancelled (Id. at 1), and therefore, there is no longer a live controversy with
respect to defendants providing medical treatment to plaintiff, and the court is
prevented from granting effective relief, it is hereby ORDERED that the motion
(Doc. 57) is DENIED as moot.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania