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McGovern v. Ferriter

United States District Court, D. Montana, Helena Division

February 19, 2014

THOMAS MCGOVERN, Plaintiff,
v.
MIKE FERRITER, et al., Defendants.

ORDER

DANA L. CHRISTENSEN, Chief District Judge.

Plaintiff Thomas McGovern has filed a Motion for Declaratory Judgment (Doc. 31) and a Motion for a Preliminary Injunction (Doc. 33.) When an inmate seeks injunctive or declaratory relief concerning the prison where he is incarcerated, his claims for such relief become moot when he is no longer subjected to those conditions. Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir. 1995); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir. 1991). Mr. McGovern's Complaint and Amended Complaint complain of conditions at Montana State Prison. Mr. McGovern is currently incarcerated at the Great Falls Regional Prison.

IT IS ORDERED that Mr. McGovern's Motion for Declaratory Judgment (Doc. 31) and Motion for Preliminary Injunction (Doc. 33) are denied as moot.


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