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)

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.

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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