Cleo Orange, Individually, and on Behalf of All Others Similarly Situated v. Louie L. Wainwright

U.S. Court of Appeals for the Fifth Circuit
Cleo Orange, Individually, and on Behalf of All Others Similarly Situated v. Louie L. Wainwright, 486 F.2d 1047 (5th Cir. 1973)
1973 U.S. App. LEXIS 7409

Cleo Orange, Individually, and on Behalf of All Others Similarly Situated v. Louie L. Wainwright

Opinion

PER CURIAM:

In this prisoner’s rights action plaintiff originally complained of abusive treatment which allegedly occurred when plaintiff was incarcerated in the Glades Correctional Institution at Belle Glade, Florida. Before the ease could be heard in the District Court, plaintiff was transferred to the Florida State Prison. On defendant’s motion the case was dismissed as moot, since the complaint did not allege that any violations had occurred at the second institution nor ask any relief from officials there.

After entry of the final order of dismissal, the court received plaintiff’s “Reply to Defendant’s Response to Complaint,” in which he for the first time complained of abusive treatment at the second facility. In this appeal he renews the complaint. Since these allegations have never been before any district court, we may not consider them at this time., Chunn v. Clark, 5th Cir., 1971, 451 F.2d 1005. We affirm the district court’s dismissal of the other allegations as moot.

Reference

Full Case Name
Cleo ORANGE, Individually, and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. Louie L. WAINWRIGHT Et Al., Defendants-Appellees
Status
Published