Raymond Padilla v. State of Nevada Dept. of Corrections

MEMORANDUM

Plaintiff Raymond Padilla appeals the dismissal of his complaint. Reviewing the dismissal de novo, Starr v. Baca, 652 F.3d 1202, 1205 (9th Cir.2011), cert. denied, — U.S.-, 132 S.Ct. 2101 , 182 L.Ed.2d 882 (2012); Ramirez v. Galaza, 334 F.3d 850, 853 (9th Cir.2003), and the denial of leave to amend for abuse of discretion, Ramirez, 334 F.3d at 854 , we affirm in part, and reverse and remand in part.

1. Plaintiffs claims for injunctive relief from the conditions of his confinement at Ely State Prison are moot now that he has been transferred to Warm Springs Correctional Center. Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir.1995); Johnson v. Moore, 948 F.2d 517, 519 (9th Cir.1991) (per curiam); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986). Thus, they were properly dismissed. But the case is not moot to the extent that Plaintiff seeks (a) injunctive relief for any ongoing effects of his Security Threat Group classification (such as inability in the new prison to earn money from a job) and (b) damages.

2. With regard to the non-moot claims for injunctive relief, the allegations are sufficient to survive a motion to dismiss. We are unaware of any case that…