Charles Gordon Long v. Com. of Corrections, (8th Cir. 1997)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 96-3644
Charles Gordon Long, Appellant, Terrence Pick, Plaintiff, v. Commissioner of Corrections, Appellee.
Submitted: August 22, 1997 Filed: August 29, 1997
Before FAGG, BOWMAN, and MURPHY, Circuit Judges.
PER CURIAM.
Charles Gordon Long filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, alleging that he was confined at Minnesota Correctional Facility-Lino Lakes (MCF-LL), and that prison officials informed him he
could not receive three paperback books his mother attempted to send him in April 1995 because they did not
Appeal from the United States
District Court for the
District of Minnesota.
[UNPUBLISHED]
come from an approved vendor. Long claimed this prohibition infringed his First Amendment rights, and sought injunctive and declaratory relief. He also asked for certification of a class action. After the State responded that Long had been released from MCF-LL, the 1district court dismissed Long&s action as moot. Long appeals, and we affirm.
We conclude the district court&s dismissal of Long&s action as moot was proper, see Scher v. Chief Postal Inspector, 973 F.2d 682, 683 (8th Cir. 1992) (per curiam) (because prisoner is no longer incarcerated, his claim for declaratory and injunctive relief is moot), and the court did not abuse its discretion in not permitting Long to amend his complaint, see Fed. R. Civ. P. 15(a); Williams v. Little Rock Mun. Water Works, 21 F.3d 218, 224-25 (8th Cir. 1994) (standard of review). We also conclude the district court did not err in denying Long&s joinder motion and in not ruling on class certification.
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[1] The Honorable Michael James Davis, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable John M. Mason, United States Magistrate Judge for the District of Minnesota.
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This document cites
- US Code - Title 28: Judiciary and Judicial Procedure - 28 USC 2241 - Sec. 2241. Power to grant writ
- U.S. Court of Appeals for the Eighth Circuit - 64 Fair Empl.Prac.Cas. (Bna) 622, 64 Empl. Prac. Dec. P 42,991 Shirley A. Williams, Appellant, v. Little Rock Municipal Water Works, Appellee., 21 F.3d 218 (8th Cir. 1994)
- U.S. Court of Appeals for the Eighth Circuit - Greg Scher; Mark Power, Appellants, v. Chief Postal Inspector; B.J. Powers; Brian Begley; Will Stinson; Agent de Bourge; Mike Eaves; 1-25 Does, Appellees., 973 F.2d 682 (8th Cir. 1992)
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