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    Tracy v. Kennebec Sheriff, 36 F.3d 1089, 1st Cir. (1994)

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    This document summarizes a court case from the United States Court of Appeals for the First Circuit. Two inmates, Patrick Tracy and Aedan McCarthy, filed a Section 1983 complaint alleging that the law library at the Kennebec County Jail, where they were incarcerated, was inadequate. They sought an injunction requiring improvements. However, both plaintiffs were transferred to other facilities during the case. As a result, their claims for injunctive relief were moot. The court dismissed the appeal, vacated the district court's judgment, and remanded with directions to dismiss the complaint as moot.

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    Tracy v. Kennebec Sheriff, 36 F.3d 1089, 1st Cir. (1994)

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    This document summarizes a court case from the United States Court of Appeals for the First Circuit. Two inmates, Patrick Tracy and Aedan McCarthy, filed a Section 1983 complaint alleging that the law library at the Kennebec County Jail, where they were incarcerated, was inadequate. They sought an injunction requiring improvements. However, both plaintiffs were transferred to other facilities during the case. As a result, their claims for injunctive relief were moot. The court dismissed the appeal, vacated the district court's judgment, and remanded with directions to dismiss the complaint as moot.

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    Filed: 1994-09-12 Precedential Status: Non-Precedential Citations: 36 F.3d 1089 Docket: 94-1111

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    This document summarizes a court case from the United States Court of Appeals for the First Circuit. Two inmates, Patrick Tracy and Aedan McCarthy, filed a Section 1983 complaint alleging that the law library at the Kennebec County Jail, where they were incarcerated, was inadequate. They sought an injunction requiring improvements. However, both plaintiffs were transferred to other facilities during the case. As a result, their claims for injunctive relief were moot. The court dismissed the appeal, vacated the district court's judgment, and remanded with directions to dismiss the complaint as moot.

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    6 views2 pages

    Tracy v. Kennebec Sheriff, 36 F.3d 1089, 1st Cir. (1994)

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    This document summarizes a court case from the United States Court of Appeals for the First Circuit. Two inmates, Patrick Tracy and Aedan McCarthy, filed a Section 1983 complaint alleging that the law library at the Kennebec County Jail, where they were incarcerated, was inadequate. They sought an injunction requiring improvements. However, both plaintiffs were transferred to other facilities during the case. As a result, their claims for injunctive relief were moot. The court dismissed the appeal, vacated the district court's judgment, and remanded with directions to dismiss the complaint as moot.

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    of 2

    36 F.

    3d 1089

    NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished


    opinions may be cited only in related cases.
    Patrick TRACY and Aedan McCarthy, Plaintiffs, Appellants,
    v.
    KENNEBEC COUNTY SHERIFF, Defendant, Appellee.
    No. 94-1111

    United States Court of Appeals,


    First Circuit.
    September 9, 1994

    Appeal from the United States District Court for the District of Maine
    [Hon. Morton A. Brody, U.S. District Judge ]
    Patrick Tracy and Aedan McCarthy on brief pro se.
    William R. Fisher and Monaghan, Leahy, Hochadel & Libby on brief for
    appellee.
    D.Me.
    DISMISSED IN PART, VACATED IN PART, AND REMANDED.
    Before Torruella, Chief Judge, Selya and Stahl, Circuit Judges.
    Per Curiam.

    Pro se plaintiffs Patrick Tracy and Aedan McCarthy appeal a district court
    judgment that dismissed their 42 U.S.C. Sec. 1983 complaint as frivolous
    within the meaning of 28 U.S.C. Sec. 1915(d). Both plaintiffs were inmates at
    the Kennebec County Jail when they commenced this action and their
    complaint named the Kennebec County Sheriff as the sole defendant. The
    complaint alleged that the plaintiffs were being denied their rights to
    meaningful access to the courts because the law library at the Kennebec
    County Jail was "totally inadequate." The plaintiffs sought injunctive relief in
    the form of an order requiring the jail to bring the law library up to the

    minimum standards set by the American Association of Law Libraries.


    2

    By letter dated March 2, 1994, Tracy advised the clerk of this court that he had
    been transferred from the Kennebec County Jail to another jail. We have also
    been advised that McCarthy now resides at the Maine State Prison in
    Thomaston. As neither plaintiff is presently incarcerated at the Kennebec
    County Jail, their claims for injunctive relief are moot. Accordingly, this appeal
    is dismissed, the district court's judgment is vacated, and the case is remanded
    with directions to dismiss the plaintiffs' complaint as moot. See United States v.
    Munsingwear, 340 U.S. 36, 39-40 (1950); Gomes v. Rhode Island
    Interscholastic League, 604 F.2d 733, 736 (1st Cir. 1979); Kelaghan v.
    Industrial Trust Co., 211 F.2d 134, 135 (1st Cir. 1954)(per curiam).

    It is so ordered.

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