Opinion
No. 07-3885.
Submitted: May 7, 2009.
Filed: May 12, 2009.
Appeal from the United States District Court for the Northern District of Iowa.
Before BYE, COLLOTON, and GRUENDER, Circuit Judges.
[UNPUBLISHED]
In this interlocutory appeal, Iowa inmate Frank R. Owens challenges the district court's denial of preliminary injunctive relief in his 42 U.S.C. § 1983 action. In Owens's November 2007 motion for a preliminary injunction, he sought a transfer from the Iowa State Penitentiary (ISP) to either the Anamosa State Prison or the Clarinda Correctional Facility (CCF). His motion was based on his assertion that he and his known enemy were both assigned to the same unit at ISP. Because Owens has since been transferred to CCF, we dismiss his appeal as moot. Cf. Smith v. Hundley, 190 F.3d 852, 855 (8th Cir. 1999) (inmate's claim for injunctive relief to improve conditions was moot when he was transferred to another facility and no longer subject to those conditions).
The Honorable Edward J. McManus, United States District Judge for the Northern District of Iowa.