Opinion

Davis v. Thompson

Court
District Court, S.D. Illinois
Filed
Oct 1, 2019
Cited by
0 cases
Authority
More cited than 21.1%

a prisoner’s request for injunctive relief is rendered moot by his transfer to another prison

How later courts described this case

  • a prisoner’s request for injunctive relief is rendered moot by his transfer to another prison

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

DEANDRE DAVIS, )

#179658, )

Plaintiff,

vs. } Case No. 19—cv—00892—NJR

WARDEN THOMPSON,

P. MYERS, )

C. BROWN, )

LT. FRANK, and )

DR. LANE, )

Defendants. }

MEMORANDUM AND ORDER

ROSENTENGEL, Chief Judge:

Plaintiff commenced this action by filing a Complaint pursuant to 42 U.S.C. § 1983 for the

inadequate medical care of his ulcerative colitis and hernia that he received while at Pinckneyville

Correctional Center. (Doc. 1). Plaintiff also clams he was sexually assaulted by Pinckneyville

Medical Director, Dr. Myers, and continued to be treated by Dr. Myers against his objections.

Along with his Complaint, Plaintiff filed a Motion for Temporary Restraining Order and

Preliminary Injunction (Doc. 3), seeking to be transferred from Pinckneyville to an institution

where he will be safe and receive adequate medical treatment. (Doc. 3, p. 2).

Ina Merit Review Order issued pursuant to 28 U.S.C. § 1915A, the Court denied Plaintiff's

Motion for Temporary Restraining Order, and then directed Defendants to respond to his request

for a preliminary injunction. (Doc. 5, p. 13, Doc. 6). Defendants filed responses (Docs. 18, 24);

however, on September 16 and 19, 2019, Plaintiff notified the Court that he had been transferred

to Lawrence Correctional Center. (Docs. 22, 23).

Because Plaintiff has obtained the relief sought in his motion, the Court finds that the issue

is now moot. As such, the Court DENIES Plaintiff's request for injunctive relief. Higgason v.

Farley, 83 F.3d 807, 811 (7th Cir. 1996) (a prisoner’s request for injunctive relief is rendered moot

by his transfer to another prison); Koger v. Bryan, 523 F.3d 789, 804 (7th Cir. 2008).

IT IS SO ORDERED.

DATED: October 1, 2019 Ft cH 2

NANCY J. ROSENSTENGEL

Chief U.S. District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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