Holland v. Purdy, 71-3090 Summary Calendar.
| Decision Date | 17 March 1972 |
| Docket Number | No. 71-3090 Summary Calendar.,71-3090 Summary Calendar. |
| Citation | 457 F.2d 802 |
| Court | U.S. Court of Appeals — Fifth Circuit |
| Parties | Benjamin Alfonso HOLLAND, Petitioner-Appellant, v. E. Wilson PURDY, as Sheriff of Dade County, Florida, Respondent-Appellee. |
Benjamin Alfonso Holland, pro se.
Robert L. Shevin, Atty. Gen., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.
Before BELL, DYER and CLARK, Circuit Judges.
This is an appeal from the district court's dismissal of Holland's petition for injunctive relief, filed pursuant to 42 U.S.C.A. § 1983. We vacate and remand.
In his petition in the district court, Holland contended that he had been subjected to cruel and unusual punishment from June 16, 1971 until June 29, 1971, while incarcerated at the Dade County, Florida, Jail. He alleged that he was subjected to physical duress, and that the officials at the jail refused to permit him to see a notary public or send out any legal documents. In his complaint, Holland sought to have the officials at the Dade County Jail enjoined from such practices.
At the time his pleadings were filed in the district court, Holland had been transferred from the Dade County Jail to another penal institution in the State of Florida. Since Holland was no longer subjected to the complained-of conditions at the time this litigation was instituted, nor is he at the present time, the petition should have been dismissed on the ground of mootness. McCarroll v. Morrow, 5 Cir. 1971, 435 F.2d 560; Bryant v. Blackwell, 5 Cir. 1970, 431 F.2d 1203.
The judgment of the district court dismissing the action for failure to state a claim upon which relief could be granted is vacated and the cause is remanded with directions to dismiss the action on the ground of mootness.
Vacated and remanded.
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...not subject to the exhaustion requirement. See Wright v. Cuyler, 624 F.2d 455, 457-59 (3d Cir. 1980).13 Accord, Holland v. Purdy, 457 F.2d 802, 803 (5th Cir. 1972) (per curiam) (plaintiff's case considered to be "moot" because he was no longer subject to the complained of condition at the t......
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Arce v. La. State
...during his period of incarceration. McKinnon v. Talladega Cty., Ala. , 745 F.2d 1360, 1363 (11th Cir. 1984) (citing Holland v. Purdy , 457 F.2d 802 (5th Cir. 1972) ); cf. Herman v. Holiday , 238 F.3d 660, 665 (5th Cir. 2001) ("Herman's transfer from the ECDC to the Dixon Correctional Instit......
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Arce v. La. State, CIVIL ACTION No. 16-14003 SECTION I
...bring during his period of incarceration. McKinnon v. Talladega Cty., Ala., 745 F.2d 1360, 1363 (11th Cir. 1984) (citing Holland v. Purdy, 457 F.2d 802 (5th Cir. 1972)); cf. Herman v. Holiday, 238 F.3d 660, 665 (5th Cir. 2001) ("Herman's transfer from the ECDC to the Dixon Correctional Inst......
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Henson v. Walker Cnty.
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