Washington v. Scribner

Full title: RODERICK WASHINGTON, Plaintiff, v. A.K. SCRIBNER, et al., Defendants

Court: United States District Court, E.D. California

Date published: Oct 2, 2008

1: 03 CV 5287 LJO WMW PC (E.D. Cal. Oct. 2, 2008)

Opinion

1: 03 CV 5287 LJO WMW PC.

October 2, 2008

ORDER

WILLIAM WUNDERLICH, Magistrate Judge

On September 3, 2008, findings and recommendations were entered, recommending denial of Plaintiff's motion for injunctive relief. On September 24, 2008, Plaintiff filed a notice of change of address.

Accordingly, IT IS HEREBY ORDERED that:

1. The Clerk's Office is directed to re-serve the September 3, 2008, recommendation on Plaintiff.

2. Plaintiff is granted an extension of time of thirty days from the date of service of this order in which to file objections to the findings and recommendations.

IT IS SO ORDERED.

FINDINGS AND RECOMMENDATION RE MOTION FOR INJUNCTIVE RELIEF (DOC 61)

Plaintiff is a former state prisoner proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff has filed a motion for a temporary restraining order. Plaintiff seeks an order directing officials at Corcoran State Prison to provide him access to the law library. Court records indicate that plaintiff is no longer incarcerated. When an inmate seeks injunctive or declaratory relief concerning the prison where he is incarcerated, his claims for such relief become moot when he is no longer subjected to those conditions. See Weinstein v. Bradford, 423 U.S. 147 (1975); Enrico's, Inc. v. Rice, 730 F.2d 1250, 1255 (9th Cir. 1984). Accordingly, plaintiff's request should be denied as moot.

Accordingly, IT IS HEREBY RECOMMENDED that Plaintiff's motion for a temporary restraining order be denied as moot.

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1)(B). Within twenty days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time waives all objections to the judge's findings of fact. See Turner v. Duncan, 158 F.3d 449, 455 (9^th Cir. 1998). Failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

IT IS SO ORDERED.