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Deen-Mitchell v. Lappin

United States District Court, M.D. Pennsylvania

July 15, 2014

WALLACE DEEN-MITCHELL, Plaintiff,
v.
HARLEY G. LAPPIN, et al., Defendants.

REPORT AND RECOMMENDATION

KAROLINE MEHALCHICK, Magistrate Judge.

Plaintiff Wallace Deen-Mitchell, proceeding pro se , is a federal prisoner. From July 6, 2010, to November 17, 2011, Plaintiff was incarcerated at the United States Penitentiary in Lewisburg, Pennsylvania ("USP Lewisburg"). (Knepper Dec. Doc. 127-1, p. 3). Plaintiff is currently incarcerated at the United States Penitentiary in Florence, Colorado ("USP Florence"). On November 13, 2013, Plaintiff filed a motion to reinstate Document No. 102 and Document No. 74. (Doc. 122).[1] Pending before the Court is Plaintiff's Motion to Reinstate Document Number 74, Plaintiff's motion for preliminary injunction and/or temporary restraining order. (Doc. 122). For the following reasons, it is recommended that the Court DENY this motion.

On October 27, 2011, while incarcerated at USP Lewisburg, Plaintiff filed a motion for a preliminary injunction and/or temporary restraining order. (Doc. 74). In his motion, Plaintiff seeks a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) to enjoin Defendants from depriving him of several things related to his conditions of confinement at USP Lewisburg. Specifically, Plaintiff seeks an order from this Court: directing "the Defendants to stop forcing inmates into the Plaintiff's cell, that the Plaintiff has identified as enemies. And to stop forcing the Plaintiff to sleep in the bed with other inmates while in restraints"; stopping Defendant Spade from sexually harassing him; directing Defendants to provide Plaintiff with medical and mental health care; directing Defendants to return his legal materials; directing Defendants to remedy several of his conditions of confinement; and directing Defendants to properly handle his mail. (Doc. 74).

Plaintiff is no longer incarcerated at USP Lewisburg. Since filing this motion, Plaintiff has been transferred to USP Florence, where he is currently incarcerated. On June 17, 2012, Plaintiff submitted a notice of change of address to the Court, stating that his new address is at USP Florence, Colorado. (Doc. 96). Because of this transfer from USP Lewisburg to USP Florence, Plaintiff's claims for injunctive relief arising out of his confinement at USP Lewisburg are moot. Sutton v. Bradley , No. 07-1798, 2007 WL 4570781 (M.D. Pa. Dec. 26, 2007); Ibarra-Villalva v. USP-Allenwood , 213 Fed.Appx. 132, 134 (3d Cir. 2007) (upholding denial of prisoner's challenge to conditions of confinement as moot because prisoner was transferred to another institution). As such, it is recommended that Plaintiff's Motion to Reinstate Document Number 74 (Doc. 122) be DENIED.


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