King v. Collier et al

Filing 24

ORDER OF PARTIAL DISMISSAL AND TO SHOW CAUSE Responses to Defendant's Motion for Summary Judgment 21 due by 5/22/2018. Show Cause Response due by 5/22/2018(Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
NELSON L KING,
TDCJ #01940952,
Plaintiff,
VS.
JAMES COLLIER, et al,
Defendants.

April 12, 2018
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 3:17-CV-126
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ORDER OF PARTIAL DISMISSAL AND TO SHOW CAUSE
Nelson King (TDCJ #01940952) has brought an action under 42 U.S.C. § 1983,
the Americans with Disabilities Act, and the Rehabilitation Act, alleging that the
defendants have violated his constitutional and statutory rights by refusing to house him
in dormitories at the Darrington Unit because of his mental illness (Dkt. 1 at 7–8). King is
proceeding pro se and has been granted leave to proceed in forma pauperis.
On February 2, 2018, defendants filed a motion for summary judgment in this case
(Dkt. 21). On February 7, 2018, King filed a notice of change of address stating that he
had not received any motion for summary judgment from the defendants and that he has
been moved to another unit (Dkt. 22). On April 11, 2018, the clerk sent King another
copy of the motion for summary judgment at his new address (Dkt. 23).
King’s claim centers on his dissatisfaction with his housing placement at the
Darrington Unit (Dkt. 1 at 6-7). In his notice of change of address, King reports that he
has been moved from the Darrington Unit (Dkt. 22). Because King has been transferred
to another unit, all of his claims for injunctive relief regarding the Darrington Unit are
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DISMISSED as MOOT.

See Oliver v. Scott, 276 F.3d 736, 741 (5th Cir. 2002);

Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001) (holding that a claim by the
prisoner-plaintiff for injunctive relief against continued exposure to asbestos was moot
because the plaintiff had been transferred out of the unit).
Accordingly, the Court ORDERS as follows:
1.

Based on King’s representation that he is no longer housed at the
Darrington Unit, all of King’s claims for injunctive relief at the Darrington
Unit are DISMISSED without prejudice as MOOT.

2.

King shall have forty (40) days from the date of this Order to SHOW
CAUSE as to why his other claims regarding his housing placement at the
Darrington Unit are not moot.

3.

King shall have forty (40) days from the date of this Order to file a
response to defendants’ motion for summary judgment (Dkt. 21) on the
merits.

The Clerk will provide a copy of this order to all parties of record.
SIGNED at Galveston, Texas, this 12th day of April, 2018.
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George C. Hanks Jr.
United States District Judge

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