United States District Court, W.D. New York
May 9, 2005.
BENJAMIN POWELL, Plaintiff,
SHERIFF THOMAS BEILEIN, Defendant.
The opinion of the court was delivered by: CHARLES SIRAGUSA, District Judge
DECISION AND ORDER
Plaintiff Benjamin Powell, who was being held at the Niagara
County Jail pending federal charges in this Court, claims that
defendant, Thomas Beilein, the Sheriff of Niagara County, who is
responsible for the Niagara County Jail, violated his rights
while he was held at the Jail by (1) not providing lighting
fixtures and proper heating in the cell block where he is housed;
(2) removing stamps on letters that are returned for insufficient
postage and not having an adequate law library; and (3) not
allowing inmates in punitive segregation to have lotion and hair
grease in order to maintain proper skin and scalp hygiene.
Following review of the complaint, pursuant to
28 U.S.C. §§ 1915(e)(2)(B) and 1915A, the Court (Hon. David G. Larimer) held
that the claims as pled failed to state claims upon which relief
could be granted and that the complaint would be dismissed unless
plaintiff filed an amended complaint by May 25, 2005. (Docket No.
5). Judge Larimer also denied plaintiff's motion for appointment
of counsel. Plaintiff now seeks an expedited hearing and what
appears to be a preliminary injunction directing defendant to
remedy the constitutional violations alleged in the complaint and
set forth above. Plaintiff also again seeks the appointment of
counsel. (Docket No. 6). Plaintiff's request for injunctive relief must be denied
because he has recently informed the Court that he is no longer
being held at the Niagara County Jail and has been transferred to
the Erie County Holding Center. His claims for injunctive relief
are therefore moot. See, e.g., Prins v. Coughlin, 76 F.3d 504,
506 (2d Cir. 1996) (It is well settled "in this Circuit that a
transfer from a prison facility moots a [request] for injunctive
relief against the transferring facility."). Plaintiff's motion
for appointment of counsel is also denied without prejudice for
the same reasons set forth in the Decision and Order of Judge
Larimer (Docket No. 5) previously denying said relief.
Accordingly, plaintiff's motion for an expedited hearing,
preliminary injunctive relief and the appointment of counsel
(Docket No. 6) is denied.
© 1992-2005 VersusLaw Inc.