Jacob Barrett v. Brian Belleque

MEMORANDUM

Jacob Barrett appeals the judgment of the district court dismissing his 42 U.S.C. § 1983 action alleging violations of the First Amendment arising from disciplinary action taken against him for letters he wrote while a prisoner at the Oregon State Penitentiary (OSP). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court properly dismissed Barrett’s claims for declaratory and injunctive relief as moot. Barrett is no longer affected by the Oregon Department of Corrections’ (ODOC) policies concerning outgoing inmate mail because he is currently housed at a prison in Oklahoma. See Alvarez v. Hill, 667 F.3d 1061, 1063-65 (9th Cir.2012); Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir.1995) (“An inmate’s release from prison while his claims are pending generally will moot any claims for injunctive relief relating to the prison’s policies.... ”). The Oregon Supreme Court’s decision in Barrett v. Belleque, 344 Or. 91 , 176 P.3d 1272, 1276-77 (2008), is distinguishable because Barrett has not shown that the disciplinary action challenged here has collateral consequences for him in Oklahoma.

The mootness exception for controversies that are capable of…