Larkin v. Strafford County Department of Corrections, Superintendent

District Court, D. New Hampshire

Larkin v. Strafford County Department of Corrections, Superintendent

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Michael Larkin

v. Case No. 19-cv-102-LM

Strafford County Department of Corrections, Superintendent et al

ORDER

After due consideration of the objections filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 13, 2020. As an additional ground for denying the motion for a preliminary injunction (Doc. No. 12) that is the subject of that Report and Recommendation, I note that injunctive relief is no longer available to Mr. Larkin with respect to any conditions at the Strafford County House of Corrections. The record shows that in February 2020, he was transferred to a facility in Massachusetts. See Ford v. Bender,

768 F.3d 15, 29

(1st Cir. 2014) (prisoner’s claim seeking injunctive relief for prison conditions is generally mooted by his transfer, as “‘he no longer has a legally cognizable interest in a judicial decision on the merits of his claim’” (quoting Incumaa v. Ozmint,

507 F.3d 281, 287

(4th Cir. 2007))).

Landya/BY M ferty Chief Judge Lf Date: February 27, 2020

CC: Michael Larkin, pro se Christine Friedman, Esq.

Reference

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