Wilson v. Tincher et al

Filing 44

ORDER denying without prejudice 23 Motion for Preliminary Injunction and 26 Motion for Preliminary Injunction. Signed by Judge Norman K. Moon on 2/17/2016. (slt)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DUSTIN C. WILSON,
Plaintiff,
v.
LT. TINCHER, et al.,
Defendants.

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Civil Action No. 7:15cv00134
ORDER
By: Norman K. Moon
United States District Judge

Dustin C. Wilson, a Virginia inmate who is proceeding pro se, filed a civil rights action
pursuant to 42 U.S.C. § 1983 against staff at the River North Correctional Center (“River
North”). After the events underlying the complaint occurred, Plaintiff was transferred from
River North to the Red Onion State Prison (“ROSP”), and he has since been transferred to the
Sussex I State Prison. Presently before me are Wilson’s motions for preliminary injunctions,
asking me to compel non-defendants to house him in ROSP’s protective custody unit instead of
ROSP’s segregation unit.
The defendants are not responsible for the conditions of confinement at ROSP, and a
preliminary injunction is not appropriate because the harms complained of in the motions do not
arise from the harm alleged in the complaint. Omega World Travel v. TWA, 111 F.3d 14, 16 (4th
Cir. 1997). Furthermore, Wilson is no longer housed at ROSP, and the requested remedy to be
moved from ROSP’s segregation unit to its protective custody unit is moot. See Incumaa v.
Ozmint, 507 F.3d 281, 286-87 (4th Cir. 2007). Accordingly, it is hereby ORDERED that
Wilson’s motions for preliminary injunctions (Docket Nos. 23 and 26) are DENIED without
prejudice. The Clerk shall send a copy of this Order to the parties.
17th
ENTER: This _________ day of February, 2016.