United States District Court, W.D. Oklahoma
REPORT AND RECOMMENDATION
SUZANNE MITCHELL, UNITED STATES MAGISTRATE JUDGE.
Davis (Plaintiff)-a prisoner in the custody of the Oklahoma
Department of Corrections (DOC) and currently housed at Davis
Correctional Facility (DCF), Doc. 37, -seeks relief
under 42 U.S.C. § 1983 for alleged constitutional
violations while incarcerated at Lawton Correctional Facility
(LCF). See Doc. 20. Plaintiff appears
initial screening, see Docs. 55, 60, Plaintiff's
claims against twelve Defendants for monetary and injunctive
relief remain. See Doc. 20, at 1, 5, 6,
7, 8. These Defendants include nine LCF officials: Warden
Rios; Medical Supervisor Thomas; Doctor Gonzaga; Grievance
Coordinator Durant; Nurse Practitioner Denton; Doctor
Musallam; Medical Director John/Jane Doe; Correctional
Officer Adams; and Correctional Officer Dawson. Id.
Plaintiff identifies the three other Defendants as: GEO Group
Corrections, Inc., Amber Martin, V.P.; Dan Ronay, Correct
Care Solutions (CCS)supervisor; and John Doe, podiatrist and
director of Lawton Foot Clinic. Id.
of an order for service and a special report in this matter,
undersigned has carefully considered Plaintiff's pending
motions for injunctive relief, Docs. 21, 40, 49, and, for the
following reasons, recommends that Judge Heaton deny the
motions as moot.
Pending motions for injunctive relief.
February 10, 2017 motion. Doc. 21.
as is relevant to his remaining claims in this matter,
Plaintiff- who was then housed at LCF-sought injunctive
relief against the following Defendants: GEO Group
Corrections Inc., Amber Martin, V.P.; Warden Rios; Dan Ronay,
CCS supervisor; Medical Supervisor Thomas; Doctor Gonzaga;
Dr. Musallam; Nurse Practitioner Denton; Correctional Officer
Dawson; Grievance Coordinator Durant; and Correctional
Officer Adams. Id. at 1. He requested an order
“enjoining the said defendants . . . to cease the use
of excessive force, punitive punishment by housing Plaintiff
on RHU for no reason, to provide adequate medical service by
sending Plaintiff to get and MRI and see Neurologist to
determine the cause of Plaintiff's back pain . . .
.” Id. at 1-2.
June 26, 2017 motion. Doc. 40.
confined at DCF following a May 30, 2017 transfer,
Plaintiff, as is relevant to his remaining claims in this
matter, “petition[ed] this court to expedite the
Temporary Restraining Order [and] to order GEO Group to
provide adequate medical care by provide MRI and than
Neurologist Medical Care to be charged to GEO Group Corr.,
Inc. . . .” Id. at 2.
August 23, 2017 motion. Doc. 49.
“Supplemental to Temporary Restraining Order,
Preliminary and Permanent Injunction, ” id. at
1, and as is relevant to his remaining claims in this matter,
Plaintiff-still housed at DCF-sought injunctive relief
against these Defendants: GEO Group Corrections Inc., Amber
Martin, V.P.; Warden Rios; Medical Supervisor Thomas; and Dan
Ronay, CCS supervisor. Id. Att. 6, at 1. He
requested an order “enjoining the said defendants . . .
to provide adequate medical treatment for Plaintiff spinal
condition, such as MRI and send him to a Neurologist, and
provide any and all appropriate treatment
that the Neurologist prescribe.” Id.
claims remain against the Defendants he seeks to enjoin: GEO
Group Corrections Inc., Amber Martin, V.P.; Warden Rios; Dan
Ronay, CCS supervisor; Medical Supervisor Thomas; Doctor
Gonzaga; Dr. Musallam; Nurse Practitioner Denton;
Correctional Officer Dawson; Grievance Coordinator Durant;
and Correctional Officer Adams. Docs. 21, 40, 49.
Nonetheless, because Plaintiff is no longer housed in a
facility owned and operated by the GEO Group or staffed by
employees hired by CCS, these Defendants cannot effect the
injunctive relief he seeks, and his requests for injunctive
relief are moot. See Toevs v. Milyard, 563 F.
App'x 640, 645 (10th Cir. 2014) (“Transfer
generally moots an inmate's claims for remedies of
declaratory and injunctive relief.”); Rodriquez v.
Wiley, No. 08-cv-02505-PAB-CBS, 2010 WL 1348021, at *1
(D. Colo. Mar. 31, 2010) (noting that since filing his
request for injunctive relief challenging “the alleged