Larkin v. Strafford County Department of Corrections, Superintendent et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Michael Larkin
v.
Strafford County Department of
Corrections, Superintendent et al
Case No. 19-cv-102-LM
ORDER
After due consideration of the objections filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated January 13, 2020. 	As an additional ground for
denying the motion for a preliminary injunction (Doc. No. 12)
that is the subject of that Report and Recommendation, I note
that injunctive relief is no longer available to Mr. Larkin with
respect to any conditions at the Strafford County House of
Corrections. 	The record shows that in February 2020, he was
transferred to a facility in Massachusetts. 	See Ford v. Bender,
768 F.3d 15, 29 (1st Cir. 2014) (prisoner’s claim seeking
injunctive relief for prison conditions is generally mooted by
his transfer, as “‘he no longer has a legally cognizable interest
in a judicial decision on the merits of his claim’” (quoting
Case 1:19-cv-00102-LM Document 75 Filed 02/27/20 Page 1 of 2

Incumaa v. Ozmint, 507 F.3d 281, 287 (4th Cir. 2007))).
____________________________
Landya B. McCafferty
Chief Judge
Date: February 27, 2020
cc: 	Michael Larkin, pro se
Christine Friedman, Esq.
Case 1:19-cv-00102-LM Document 75 Filed 02/27/20 Page 2 of 2