Free Order - District Court of Delaware - Delaware

Case 1:05-cv-00626-JJF Document 53 Filed 06/26/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
mom J. HAMBY, >
Plaintiff, g
v. g Civ. No. 05-626-JJF
DR. ALI, et al., g
Defendants. g
O R D E R
WHEREAS, on May 31, 2006, Plaintiff filed a motion for
injunctive relief alleging that while he was housed at the Howard
R. Young Correctional Institution (“HYRCI"), inmates entered his
cell and attacked him upon the request of Officer George Wright
(D.I. 34}:
WHEREAS, Plaintiff alleges that he was injured and that
following the injury he received inadequate medical treatment;
WHEREAS, Plaintiff also states that he was in isolation,
that there could be “drastic moves with no witnesses”, and that
he did not want to be “found dead" in his cell;
WHEREAS, on June 5, 2006, the Court ordered Defendants to .
respond to the motion (D.I. 37); E
WHEREAS, Defendants filed a timely response, and Plaintiff
filed a reply (D.I. 40, 44); §
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WHEREAS, A status conference was held on June 20, 2006, and {
at said conference Plaintiff advised the Court that on June I3, j
2006, he was transferred from HRYCI to the Delaware Correctional Q

Case 1:05-cv-00626-JJF Document 53 Filed 06/26/2006 Page 2 of 2
Center (“DCC”);
WHEREAS, during the status conference, the Court found that
based upon the letters filed by Plaintiff (D.I. 34, 41), he had
amended his complaint to raise a retaliation claim;
WHEREAS, in light of the fact that the alleged retaliatory
actions occurred at the HRYCI and Plaintiff is now housed at the
DCC, the request for injunctive relief is moot.
NOW THEREFORE, IT IS HEREBY ORDERED this.§§§ day of June,
2006, that the motion for injunctive relief (D.I. 34) is DENIED
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