Tracy v. Kennebec Sheriff ( 1994 )

USCA1 Opinion

          September 9, 1994
                                [NOT FOR PUBLICATION]

                            UNITED STATES COURT OF APPEALS
                                FOR THE FIRST CIRCUIT

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        No. 94-1111 


                          PATRICK TRACY and AEDAN MCCARTHY,

                               Plaintiffs, Appellants,

                                          v.

                               KENNEBEC COUNTY SHERIFF,

                                 Defendant, Appellee.

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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                              FOR THE DISTRICT OF MAINE


                     [Hon. Morton A. Brody, U.S. District Judge]
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                                        Before

                                Torruella, Chief Judge,
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                           Selya and Stahl, Circuit Judges.
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            Patrick Tracy and Aedan McCarthy on brief pro se.
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            William R. Fisher and Monaghan, Leahy,  Hochadel & Libby on  brief
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        for appellee.

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                      Per Curiam.   Pro  se plaintiffs Patrick  Tracy and
                      __________

            Aedan   McCarthy  appeal  a   district  court  judgment  that

            dismissed their 42 U.S.C.  1983 complaint as frivolous within

            the meaning  of 28  U.S.C.   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.

                      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
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            district  court's  judgment  is  vacated,  and  the  case  is
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            remanded with directions to dismiss the plaintiffs' complaint
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            as moot.  See United States v. Munsingwear, 340  U.S. 36, 39-
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            40 (1950);  Gomes v. Rhode Island Interscholastic League, 604
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            F.2d 733, 736 (1st  Cir. 1979); Kelaghan v.  Industrial Trust
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            Co., 211 F.2d 134, 135 (1st Cir. 1954)(per curiam).
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                      It is so ordered.
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