Free Order on Motion for Preliminary Injunction - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Albert W. DeLeon, ) ) ) ) ) ) ) ) ) ) No. CV 04-0446-PHX-PGR (JRI) ORDER

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Plaintiff,
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vs.
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Dora Schriro, et al.,
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Defendants.
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Plaintiff Albert W. DeLeon is currently pursuing a pro se 42 U.S.C. § 1983 action against various Defendants. Plaintiff filed (1) an emergency motion for injunctive relief, a temporary restraining order, and a hearing on the motion, requesting an order prohibiting the confiscation of his wheelchair (Doc. #179); (2) an emergency motion to supplement his motion for injunctive relief and a temporary restraining order (Doc. #196); and (3) a motion for a telephonic conference and for reconsideration of this Court's order striking additional arguments filed by Plaintiff in support of his emergency motion (Doc. #214). Subsequently, Plaintiff filed a notice of change of address, indicating that he has been released from imprisonment (Doc. #216). "A case becomes moot `when the issues presented are no longer "live" or the parties lack a legally cognizable interest in the outcome." McQuillion v. Schwarzenegger, 396 F.3d 1091, 1095 (9th Cir. 2004). Plaintiff's release from imprisonment "extinguishe[d] his legal interest in an injunction [or restraining order] because it would have no effect on him." Id.
Case 2:04-cv-00446-JAT Document 217 Filed 07/19/2006 Page 1 of 2

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Plaintiff is no longer in prison, and Defendants no longer control his access to a wheelchair or orthopedic shoes. However, Plaintiff's release has not mooted his § 1983 action, or the pending Motion for Summary Judgment, which will be addressed in a separate order. IT IS ORDERED that (1) Plaintiff's Motion for Preliminary Injunction, Temporary Restraining Order, and a Hearing (Doc. #179) is denied as moot. (2) Plaintiff's Emergency Motion to Supplement (Doc. #196) is denied as moot. (3) Plaintiff's Motion for a Telephonic Conference and for Reconsideration (Doc. #214) is denied as moot. DATED this 17th day of July, 2006.

Case 2:04-cv-00446-JAT

Document 217

-2Filed 07/19/2006

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