(PC) Turner v. Salinas, No. 2:2010cv01848 - Document 30 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/2/2010 RECOMMENDING that pltf's 26 motion for temporary restraining order be denied. Referred to Judge Morrison C. England, Jr.; Objections due w/in 21 days. (Yin, K)
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(PC) Turner v. Salinas Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY R. TURNER, 11 Plaintiff, 12 13 No. 2: 10-cv-1848 MCE KJN P vs. WARDEN SALINAS, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 Plaintiff is a state prisoner proceeding without counsel with a civil rights action 17 pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for a temporary 18 restraining order filed November 16, 2010. In this motion, plaintiff complains of conditions at 19 the Deuel Vocational Institution (“DVI”). On November 19, 2010, plaintiff filed a notice of 20 change of address indicating that he has been transferred to Pelican Bay State Prison (“PBSP”). 21 When an inmate seeks injunctive relief concerning an institution at which he is no 22 longer incarcerated, his claims for such relief become moot. See Sample v. Borg, 870 F.2d 563 23 (9th Cir. 1989); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986). See also Reimers v. 24 Oregon, 863 F.2d 630, 632 (9th Cir. 1988). Accordingly, plaintiff’s motion for a temporary 25 restraining order should be denied as moot. 26 //// 1 Dockets.Justia.com 1 2 IT IS HEREBY RECOMMENDED that plaintiff’s motion for a temporary retraining order (Dkt. No. 26) be denied. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 5 one days after being served with these findings and recommendations, plaintiff may file written 6 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 DATED: December 2, 2010 11 12 13 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 14 15 tur1848.tro(2) 16 17 18 19 20 21 22 23 24 25 26 2