DocketNumber： 22-2478
Filed Date： 5/1/2023
Status： Non-Precedential
Modified Date： 5/1/2023
United States Court of Appeals For the Eighth Circuit ___________________________ No. 22-2478 ___________________________ Trey Redowl; Lawrence Tyndall; Lamonte Bertucci; Robert Strongheart lllllllllllllllllllllPlaintiffs James William Langdeaux lllllllllllllllllllllPlaintiff - Appellant Bryon Bauer; Harold Thomas; Dayton Sabasta; Dustin Nielsen; Zachary Ramirez; Jesse Lasley; Marc Hanslip; Torin Ward; Kiedis OldBear; Raymond D. Cooper; Damon M. Calaway; Cody Kepple; Lonzo Thomas; Joseph Tapia; John Stead; Michael Euchner lllllllllllllllllllllPlaintiffs v. State of Iowa; Judy Morrison, Contractual State Employee; Iowa Department of Corrections; Fort Dodge Correctional Facility lllllllllllllllllllllDefendants - Appellees John Does 1-10; Jane Does 1-10 lllllllllllllllllllllDefendants Robert Johnson; Don Harris; Netti Renshaw lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Northern District of Iowa - Central ____________ Submitted: April 26, 2023 Filed: May 1, 2023 [Unpublished] ____________ Before GRUENDER, GRASZ, and KOBES, Circuit Judges. ____________ PER CURIAM. James Langdeaux appeals following the district court’s1 adverse grant of summary judgment in his42 U.S.C. § 1983
action. During the pendency of this appeal, Langdeaux was transferred to another institution, rendering moot his claims for declaratory and injunctive relief. See Smith v. Hundley,190 F.3d 852
, 855 (8th Cir. 1999) (inmate’s claims for declaratory and injunctive relief were moot where he had been transferred to another prison and was no longer subject to allegedly unlawful policies; mere possibility of transfer back to prison at issue was insufficient to bring claims within narrow capable-of-repetition-yet-evading-review exception to mootness doctrine). As Langdeaux waived his damages claims, we conclude that no relief is available, and dismiss the appeal as moot. See Heisler v. Nationwide Mut. Ins. Co.,931 F.3d 786
, 797 (8th Cir. 2019) (claims waived on appeal where appellant previously waived them or conceded that they failed in summary judgment briefing before district court); Robinson v. Pfizer, Inc.,855 F.3d 893
, 897 (8th Cir. 2017) (case is moot when it becomes impossible for court to grant any effectual relief). 1 The Honorable Leonard T. Strand, Chief Judge, United States District Court for the Northern District of Iowa. -2- The appeal is dismissed. ______________________________ -3-