Cleo Orange, Individually, and on Behalf of All Others Similarly Situated v. Louie L. Wainwright

Fifth Circuit

Cleo Orange, Individually, and on Behalf of All Others Similarly Situated v. Louie L. Wainwright

486 F.2d 1047, 1973 U.S. App. LEXIS 7409

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 23, 1973

Docket73-2086

StatusPublished

This text of 486 F.2d 1047 (Cleo Orange, Individually, and on Behalf of All Others Similarly Situated v. Louie L. Wainwright) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cleo Orange, Individually, and on Behalf of All Others Similarly Situated v. Louie L. Wainwright, 486 F.2d 1047, 1973 U.S. App. LEXIS 7409 (5th Cir. 1973).

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Opinion

PER CURIAM:

In this prisoner’s rights action plaintiff originally complained of abusive treatment which allegedly occurred when plaintiff was incarcerated in the Glades Correctional Institution at Belle Glade, Florida. Before the ease could be heard in the District Court, plaintiff was transferred to the Florida State Prison. On defendant’s motion the case was dismissed as moot, since the complaint did not allege that any violations had occurred at the second institution nor ask any relief from officials there.

After entry of the final order of dismissal, the court received plaintiff’s “Reply to Defendant’s Response to Complaint,” in which he for the first time complained of abusive treatment at the second facility. In this appeal he renews the complaint. Since these allegations have never been before any district court, we may not consider them at this time., Chunn v. Clark, 5th Cir., 1971, 451 F.2d 1005. We affirm the district court’s dismissal of the other allegations as moot.

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PER CURIAM:

In this prisoner’s rights action plaintiff originally complained of abusive treatment which allegedly occurred when plaintiff was incarcerated in the Glades Correctional Institution at Belle Glade, Florida. Before the ease could be heard in the District Court, plaintiff was transferred to the Florida State Prison. On defendant’s motion the case was dismissed as moot, since the complaint did not allege that any violations had occurred at the second institution nor ask any relief from officials there.

After entry of the final order of dismissal, the court received plaintiff’s “Reply to Defendant’s Response to Complaint,” in which he for the first time complained of abusive treatment at the second facility. In this appeal he renews the complaint. Since these allegations have never been before any district court, we may not consider them at this time., Chunn v. Clark, 5th Cir., 1971, 451 F.2d 1005. We affirm the district court’s dismissal of the other allegations as moot.

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486 F.2d 1047, 1973 U.S. App. LEXIS 7409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleo-orange-individually-and-on-behalf-of-all-others-similarly-situated-ca5-1973.

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