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    United States Court of Appeals, Fourth Circuit

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    An inmate filed a Section 1983 suit challenging the conditions of his confinement at a county jail. He was subsequently transferred to a prison unit. The district court denied his two motions for temporary restraining orders and/or preliminary injunctions related to the jail conditions. The appellate court affirmed, finding that the transfer mooted his claims for injunctive relief and that he did not make an adequate showing that a preliminary injunction was necessary to preserve evidence for his underlying suit.

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    United States Court of Appeals, Fourth Circuit

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    An inmate filed a Section 1983 suit challenging the conditions of his confinement at a county jail. He was subsequently transferred to a prison unit. The district court denied his two motions for temporary restraining orders and/or preliminary injunctions related to the jail conditions. The appellate court affirmed, finding that the transfer mooted his claims for injunctive relief and that he did not make an adequate showing that a preliminary injunction was necessary to preserve evidence for his underlying suit.

    Original Description:

    Filed: 1988-10-27 Precedential Status: Non-Precedential Citations: 862 F.2d 313 Docket: 88-7117

    Original Title

    Thomas T. Dillard, Jr. v. Leverene Phillips, Jack Arrington, Tom Alexander, Edwin Russell, Rubye Bryson, Glen Noland, Roger Ammons, Teddy J. Rogers, Jack A. Chapman, Defendants, 862 F.2d 313, 4th Cir. (1988)

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    An inmate filed a Section 1983 suit challenging the conditions of his confinement at a county jail. He was subsequently transferred to a prison unit. The district court denied his two motions for temporary restraining orders and/or preliminary injunctions related to the jail conditions. The appellate court affirmed, finding that the transfer mooted his claims for injunctive relief and that he did not make an adequate showing that a preliminary injunction was necessary to preserve evidence for his underlying suit.

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    United States Court of Appeals, Fourth Circuit

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    An inmate filed a Section 1983 suit challenging the conditions of his confinement at a county jail. He was subsequently transferred to a prison unit. The district court denied his two motions for temporary restraining orders and/or preliminary injunctions related to the jail conditions. The appellate court affirmed, finding that the transfer mooted his claims for injunctive relief and that he did not make an adequate showing that a preliminary injunction was necessary to preserve evidence for his underlying suit.

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    of 2

    862 F.

    2d 313
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Thomas T. DILLARD, Jr., Plaintiff-Appellant,
    v.
    Leverene PHILLIPS, Jack Arrington, Tom Alexander, Edwin
    Russell, Rubye Bryson, Glen Noland, Roger Ammons,
    Teddy J. Rogers, Jack A. Chapman,
    Defendants- Appellees
    No. 88-7117.

    United States Court of Appeals, Fourth Circuit.


    Submitted July 20, 1988.
    Decided Oct. 27, 1988.

    Thomas T. Dillard, Jr., Appellant Pro Se. James R. Fitzner (WOMBLE,


    CARLYLE, SANDRIDGE & RICE); Robert J. Lopez (ALLEY, HYLER,
    KILLIAN, KERSTEN, DAVIS & SMATHERS) for Appellees.
    Before DONALD RUSSELL, K.K. HALL, and PHILLIPS, Circuit
    Judges.
    PER CURIAM:

    North Carolina inmate Thomas T. Dillard, Jr. filed a suit pursuant to 42 U.S.C.
    Sec. 1983 to challenge conditions of his confinement at Haywood County Jail.
    He was subsequently transferred to Craggy Prison Unit. After his transfer he
    filed two motions for temporary restraining orders and/or preliminary
    injunctions. The district court denied both motions. Such a denial is appealable
    under 28 U.S.C. Sec. 1292(a)(1).

    Dillard's transfer to Craggy Prison Unit makes his claims for injunctive relief
    moot. Weinstein v. Bradford, 423 U.S. 147, 149 (1975); Inmates v. Owens, 561
    F.2d 560 (4th Cir.1970).

    In one of his motions Dillard intimates that grant of an injunction is necessary


    to preserve evidence. The Court finds this argument to be without merit because
    Dillard has not made a showing that a preliminary injunction is necessary.
    Wetzel v. Edwards, 635 F.2d 283, 286 (4th Cir.1980); Blackwelder Furniture
    Co. v. Selig Manufacturing Co., 550 F.2d 189, 194-95 (4th Cir.1977). The
    discovery rules afford Dillard adequate means to obtain evidence relevant to his
    suit.

    Because the issues have recently been decided authoritatively, we dispense with
    oral argument. The district court's denial of injunctive relief is affirmed.

    AFFIRMED.

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