York v. Cartledge et al

Filing 55

ORDER denying 39 MOTION to Stop Retaliation from Prison Officials as moot. Signed by Magistrate Judge Shiva V Hodges on 9/26/2017. (mwal)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Herbert Demond York, Plaintiff, vs. Warden Larry Cartledge, Lieutenant A. Young, and Director Michael McCall, Defendants. ) ) ) ) ) ) ) ) ) C/A No.: 1:16-3971-RMG-SVH ORDER Herbert Demond York (“Plaintiff”), proceeding pro se and in forma pauperis, filed this action pursuant to 42 U.S.C. § 1983, alleging violations of the Eighth Amendment regarding conditions of confinement and cruel and unusual punishment. This matter comes before the court on Plaintiff’s motion to stop retaliation [ECF No. 39], in which he alleges that Lieutenant A. Young retaliated against him by placing him in the Restrictive Housing Unit (“RHU”), Cell #147. Defendants filed a response. [ECF No. 44]. Plaintiff’s one-page motion does not specifically identify the relief he seeks. Plaintiff alleges he was placed in cell #147 out of retaliation. He claims Cell #147 was dirty. According to the affidavit of Jaki Murrell, administrative assistant to Warden Bush, Plaintiff was placed in RHU for attempting to assault Warden Bush. Murrell Aff. ¶ 6 [ECF No. 44-1]. Murrell states that Cell #147 was the only RHU cell available and that Plaintiff was moved to Cell #143 two days later when it became available. Id. Because Plaintiff is no longer in Cell #147, Plaintiff’s motion is denied as moot. IT IS SO ORDERED. September 26, 2017 Columbia, South Carolina Shiva V. Hodges United States Magistrate Judge

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