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Joseph Flying Horse v. James Hansen, 18-1118 (2018)

Court: Court of Appeals for the Eighth Circuit Number: 18-1118 Visitors: 32
Filed: May 30, 2018
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 18-1118 _ Joseph R. Flying Horse lllllllllllllllllllllPlaintiff - Appellant v. James Hansen, Parole Agent, Sued in his Official and Individual Capacities; Doug Clark, Supervising Parole Agent, Sued in his Official and Individual Capacities; Krista Bast, Case Manager, Sued in her Official and Individual Capacities; Seth Hughes, Unit Coordinator, Sued in his Official and Individual Capacities; Darin Young, Warden, of the South Dakota Stat
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                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 18-1118
                         ___________________________

                               Joseph R. Flying Horse

                        lllllllllllllllllllllPlaintiff - Appellant

                                           v.

James Hansen, Parole Agent, Sued in his Official and Individual Capacities; Doug
 Clark, Supervising Parole Agent, Sued in his Official and Individual Capacities;
  Krista Bast, Case Manager, Sued in her Official and Individual Capacities; Seth
 Hughes, Unit Coordinator, Sued in his Official and Individual Capacities; Darin
 Young, Warden, of the South Dakota State Penitentiary, Sued in his Official and
   Individual Capacities; Denny Kaemingk, Secretary of Corrections, Sued in his
 Official and Individual Capacities; Miranda Ward, SDSP Case Manager, Sued in
her Official and Individual Capacities; Riley DeGroot, SDSP Case Manager, Sued
  in his Official and Individual Capacities; Troy Ponto, SDSP Associate Warden,
Sued in his Official and Individual Capacities; Darik Beiber, SDSP Unit Manager,
 Sued in his Official and Individual Capacities; Val McGovern, Board Staff, Sued
                       in her Official and Individual Capacities

                       lllllllllllllllllllllDefendants - Appellees

  Stacy Cole, Board Staff, Sued in her Official and Individual Capacities; Kayla
   Stucky, Board Staff, Sued in her Official and Individual Capacities; Ashley
    McDonald, DOC Attorney, Sued in her Official and Individual Capacities

                             lllllllllllllllllllllDefendants

Pennington County, Respondeat Superior, for Pennington County State's Attorney Office

                        lllllllllllllllllllllDefendant - Appellee

South Dakota Department of Corrections; South Dakota Board of Pardons and Paroles
                              lllllllllllllllllllllDefendants
                                      ____________

                      Appeal from United States District Court
                    for the District of South Dakota - Sioux Falls
                                     ____________

                              Submitted: May 17, 2018
                                Filed: May 30, 2018
                                   [Unpublished]
                                   ____________

Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.
                           ____________

PER CURIAM.

      In this 42 U.S.C. § 1983 action, South Dakota inmate Joseph Flying Horse
appeals the district court’s1 interlocutory order denying his motion for a preliminary
injunction.

       After careful review of the record and the parties’ arguments on appeal, we
conclude that this appeal is moot because the relief Flying Horse sought--an injunction
addressing his detention after the expiration of his detainer, as well as issues related
to his potential parole revocation--is now moot as his parole was revoked following
a hearing. See Bierman v. Dayton, 
817 F.3d 1070
, 1072 (8th Cir. 2016) (dismissing
for lack of jurisdiction where appeal of order denying preliminary injunction became
moot because act sought to be enjoined had occurred).




      1
       The Honorable Karen E. Schreier, United States District Judge for the District
of South Dakota.

                                           -2-
     Accordingly, we dismiss this appeal as moot and deny Flying Horse’s pending
motion.
                    ______________________________




                                      -3-

Source:  CourtListener

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