United States District Court, D. Montana, Helena Division
ORDER AND FINDINGS AND RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE
Johnston United States Magistrate
Richard Hill has filed a request for copies (Doc. 9 at 1) and
a Point of Order in Question (Doc. 9 at 2). He seeks copies
of his Complaint (Doc. 2), Motion for Temporary Restraining
Order (Doc. 3), and Brief in Support of the Motion for
Temporary Restraining Order (Doc. 4). As Mr. Hill was
notified in the Court's Notice of Case Opening copies of
documents cannot be provided by the Clerk's Office
without a charge of $0.10 per page which must be pre-paid at
the time of the request. (Doc. 5 at 2.) Mr. Hill is
requesting copies of 85 pages and therefore must submit $8.50
to the Clerk's Office to obtain those copies.
Alternatively, these documents can be viewed at the public
computer terminals available at the Clerk of Court's
Offices in Billings, Butte, Great Falls, or Missoula
courthouses during the hours the clerk's office is open
or from any computer with internet access with a PACER
account available through www.pacer.gov. The request for free
copies of Mr. Hill's filings will be denied.
“Point of Order in Question, ” Mr. Hill indicates
he filed his Complaint against numerous individuals named in
the original filing. The only Defendant named in the
Complaint is Dr. Paul Rees.
Court also notes that Mr. Hill's Motion for Temporary
Restraining Order and Preliminary Injunction (Doc. 3) is now
moot. Mr. Hill filed a notice of change of address on
November 16, 2018 indicating that he was no longer at Montana
State Prison. (Doc. 10.) If an inmate is seeking injunctive
relief with respect to conditions of confinement, the
prisoner's transfer to another prison renders the request
for injunctive relief moot, unless there is some evidence of
an expectation of being transferred back. See Prieser v.
Newkirk, 422 U.S. 395, 402-03 (1975); Johnson v. Moore, 948
F.3d 517, 519 (9th Cir. 1991) (per curiam). Here, Mr. Hill is
seeking injunctive relief with regard to the medical care he
was receiving at Montana State Prison. Mr. Hill is no longer
incarcerated at Montana State Prison and is currently at the
Billings Pre-Release Center. There does not appear to be an
expectation that he will be transferred back to Montana State
Prison. The motion for temporary restraining order and
preliminary injunction should be denied as moot.
light of this recommendation, Defendant need not file a
response to Mr. Hill's motion for temporary restraining
order and preliminary injunction at this time.
on the foregoing, the Court issues the following:
Hill's Motion for Copies (Doc. 9) to the extent Mr. Hill
seeks a free copy of his pleadings is DENIED.
Defendant need not file a response to Mr. Hill's motion
for temporary restraining order and preliminary injunction
(Doc. 3) at this time.
all times during the pendency of this action, Mr. Hill must
immediately advise the Court and opposing counsel of any
change of address and its effective date. Failure to file a
Notice of Change of Address may result in the dismissal of
the action for failure to prosecute pursuant to Fed.R.Civ.P.
the Court issues the following:
Hill's Motion for Temporary Restraining Order and
Preliminary Injunction (Doc. 3) should be DENIED.
OF RIGHT TO OBJECT TO FINDINGS & RECOMMENDATIONS AND