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Phillip Cary Pappas v. Blackwell

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 21, 2011

PHILLIP CARY PAPPAS, PLAINTIFF,
v.
BLACKWELL, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se and informa pauperis with an action under 42 U.S.C. § 1983. He has filed a motion requesting that he be released from "the hole," or the administrative segregation unit at California State Prison-Solano (CSP-Solano). He alleges his placement in administrative segregation was in retaliation for filing the instant lawsuit. He also seeks injunctive relief in the form of an order requiring the warden at CSP-Solano to show that his placement in administrative segregation is not related to the instant lawsuit. The warden is not a party to this lawsuit.

Two months after filing the motion, plaintiff filed a notice of change of address to reflect his transfer to Avenal State Prison. Generally, when a prisoner complains of unconstitutional conditions of confinement and is transferred to another facility, a claim for injunctive relief from those conditions becomes moot. See Brady v. Smith, 656 F.2d 466, 468 (9th Cir. 1981); Darring v. Kinchoe, 783 F.2d 874, 876 (9th Cir. 1986); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1990). A plaintiff may avoid a finding of mootness if he can demonstrate a reasonable expectation of returning to the facility where the allegedly unconstitutional conditions persist. Darring, 783 F.2d at 876. Plaintiff has made no such showing here.*fn1

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for release form "the hole" (Docket No. 13) is moot.


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