Farr v. Paramo

Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 JAMES EMMETT FARR, Case No.: 16-CV-1279 JLS (MSB)

13 Plaintiff, ORDER DENYING AS MOOT AND 14 v. WITHOUT PREJUDICE PLAINTIFF’S MOTION FOR 15 DANIEL PARAMO, Warden, et al., RECONSIDERATION OF DENIAL 16 Defendants. OF TEMPORARY RESTRAINING ORDER 17

18 (ECF No. 82)

19 Presently before the Court is Plaintiff James Emmett Farr’s “request that this Court 20 revisit Plaintiff[’]s previous motion[] . . . for TRO in which his original motion lists this 21 exact situational possibility where Plaintiff is removed of his legal property, papers, books, 22 and notes, based on a fabricated rules violation.” Mot. for Reconsideration (ECF No. 82) 23 at 4–5. In his original motion, Plaintiff requested an Order restraining Defendants from, 24 among other things, “placing Plaintiff in Administrative Segregation and subsequently 25 depriving him of his legal papers and books” and “falsifying Rules Violation Reports 26 against Plaintiff.” See ECF No. 2 at 1. 27 Since Plaintiff filed his Motion for Reconsideration, however, he was transferred 28 from Richard J. Donovan Correctional Facility (“RJD”), where the alleged violations were 1 || occurring, to the California State Prison, Los Angeles County in Lancaster, California. See 2 ||ECF No. 83. In the absence of any evidence demonstrating Plaintiff's reasonable 3 ||expectation of returning to RJD, Plaintiff’s Motion for Reconsideration (ECF No. 82) is 4 || DENIED AS MOOT AND WITHOUT PREJUDICE. See, e.g., Nunez v. Diaz, No. 5 || 119CVOO0686SABPC, 2019 WL 4127205, at *2 (E.D. Cal. Aug. 30, 2019) (denying as 6 || moot motion for temporary restraining order where the plaintiff was transferred to another 7 || facility) (citing Andrews v. Cervantes, 493, F.3d 1047, 1053 n.5 (9th Cir. 2007); Johnson 8 Moore, 948 F.2d 517, 519 (9th Cir. 1991) (per curiam)); Canada vy. Niebert, No. 9 || 117CVO00873BAMPC, 2017 WL 4123937, at *2 (E.D. Cal. Sept. 15, 2017) (same) (citing 10 || Johnson, 948 F.2d at 519). 11 IT IS SO ORDERED. 12 13 Dated: September 26, 2019 tt 14 ja Janis L. Sammartino United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28