MARK A. GOLDSMITH, District Judge.
Plaintiff Curtis Woods filed this action,
The matter was referred to Magistrate Judge Mona K. Majzoub for all pretrial proceedings (Dkt. 20), and Defendant Napoleon filed a motion to dismiss (Dkt. 38).
Plaintiff has also filed additional documents, including a motion to show cause (Dkt. 48) and a motion to appoint counsel (Dkt. 50). In light of the Court's decision overruling Plaintiff's objections and accepting the Magistrate Judge's R&R, the Court finds that Plaintiff's motion to show cause should be dismissed as moot, and that Plaintiff's motion to appoint counsel should be denied.
The Magistrate Judge concluded that Plaintiff's claims should be dismissed for two reasons: (i) Plaintiff failed to exhaust his administrative remedies as required by the Prisoner Litigation Reform Act ("PLRA"), and (ii) Plaintiff has been transferred from Wayne County Jail to the Michigan Reformatory, rendering his claims moot. R&R at 5. The Court finds that this matter can be disposed of on the mootness issue alone, and therefore declines to reach the Magistrate Judge's additional finding, and Plaintiff's associated objections, that Plaintiff failed to exhaust his administrative remedies.
As discussed in the R&R, Plaintiff filed the present Complaint while he was held at Wayne County Jail awaiting trial. Id. at 1. Plaintiff resided at Wayne County Jail for approximately eight months before being convicted on multiple counts of armed robbery in state court and sentenced to prison. Id. at 3. Plaintiff presently resides at the Michigan Reformatory in Ionia, Michigan. Notice of Change of Address (Dkt. 37); Def. Mot. to Dismiss at 11; R&R at 3. In light of Plaintiff's transfer out of Wayne County Jail and into the Michigan Reformatory, the Magistrate Judge concluded that Plaintiff's requests for declaratory and injunctive relief were moot. R&R at 5.
Plaintiff objects to the Magistrate Judge's recommendation, arguing that he was housed in Wayne County Jail at the time of his complaint and for five months thereafter, therefore his claims should not be dismissed. Obj. at 1, 2. Plaintiff further states that he could not have raised his claims had he been transferred to another facility. Id. at 2. Plaintiff also reiterates his claims that prison officials were aware of the conditions at Wayne County Jail, and that it was those conditions that prompted the move of federal inmates from Wayne County Jail to another facility.
As relevant here, Plaintiff's Complaint requested relief in the form of a declaratory judgment that prison conditions were violative of his rights under the Eighth Amendment, and in the form of an order sending Plaintiff to a different correctional facility. Compl. at 12-13. There is no claim for relief in the form of monetary damages. The Sixth Circuit has held that where an inmate is no longer confined to the institution that inflicted the alleged wrong, any claims for declaratory or injunctive relief are rendered moot.
Plaintiff also filed a motion to show cause and a motion to appoint counsel. The motion to show cause requests that Defendants Jane and John Doe 1-3 be dismissed from the case. Pl. Mot. to Show Cause at 1-2. This statement accords with Plaintiff's response to the Magistrate Judge's order to show cause as to why the Doe Defendants should not be dismissed. R&R at 5. Moreover, Plaintiff has not objected to the portion of the Magistrate Judge's R&R recommending that the Doe Defendants be dismissed. Consequently, the Court adopts the recommendation contained in the R&R as to the Doe Defendants and dismisses Jane and John Doe as defendants in this case, rendering Plaintiff's motion to show cause moot.
Plaintiff's motion to appoint counsel alleges that Plaintiff is unable to afford counsel and that the issues in this case are complex. Pl. Mot. to Appoint Counsel at 1 (cm/ecf page). The Court disagrees. The dispositive issue in this case is straightforward, and there is no useful purpose that counsel would serve in this case. Where a case has no arguable merit, a proper exercise of discretion counsels against the appointment of counsel.
For the forgoing reasons, Plaintiff's objections (Dkt. 51) are overruled, the recommendation contained in the Magistrate Judge's R&R (Dkt. 49) is accepted, Defendant Napoleon's motion to dismiss (Dkt. 38) is granted, and the claims against Defendants Jane and John Doe are dismissed without prejudice. In addition, Plaintiff's motion to show cause (Dkt. 48) is denied, as moot. Plaintiff's motion to appoint counsel (Dkt. 50) is denied.