Kaur

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD SPENCE, Case No. 2:16-cv-01828 KJN 12 Plaintiff, [PROPOSED] ORDER 13 v. 14 G. KAUR, ET AL. Defendants. 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. In their preliminary response, defendants argue that plaintiff’s motion should be denied as premature or moot in light of plaintiff’s transfer to High Desert State Prison. Plaintiff was housed at North Kern State Prison (“NKSP”) at the time he claims he submitted a CDC 1074 form to Captain Chanelo at NKSP administration. Inasmuch as prisoners are often transferred, requiring plaintiff to renew his request every time he is transferred would render his circumstances “capable of repetition, yet evading review,” such that this court will not prematurely deny plaintiff’s motion, particularly before it is fully briefed. Defendants’ request is denied.

See Preiser v. Newkirk, 422 U.S. 395, 402 (1975); Feldman v. Bomar, 518 F.3d 637, 642…