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United States v. Hines

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 18, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
COREY HINES, DEFENDANT.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

Defendant Corey Hines moves the Court for a prohibitory injunction (Doc. 240). Hines complains that his conditions of confinement at Alton City Jail violate his constitutional right to due process. He alleges, inter alia, that officials at the Jail did not provide a vegetarian diet, deprived him of soap, opened his legal mail, impaired his access to the courts and failed to provide him with eyeglasses. He also claims that U.S. Marshal Broshow is aware of these conditions but has not responded to his complaints.

Hines's claims are based on conditions that he alleges exist at the Alton City Jail. He is currently incarcerated at the United States Penitentiary in Marion, Illinois. Consequently, Hines's request for injunctive relief is moot unless he can demonstrate that he is likely to be transferred back to Alton City Jail. Higgason v. Farley, 83 F.3d 807, 811 (7th Cir. 1996). Allegations of a likely retransfer may not be based on mere speculation. Id.at 811 (citing Preiser v. Newkirk, 422 U.S. 395, 403 (1975)).

Hines's motion was filed before his transfer, and the likelihood of his being retransferred is remote. As a result, his motion for a prohibitory injunction is moot.

Accordingly, the Court DENIES as moot Hines's motion for a prohibitory injunction (Doc. 240).

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20100818

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