FILED
NOT FOR PUBLICATION NOV 14 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SHAWN FRANCIS, No. 13-35317
Plaintiff - Appellee, D.C. No. 3:12-cv-06023-RBL-JRC
v.
MEMORANDUM*
M.D. STEVEN HAMMOND, Chief
Medical Officer, Washington Department
of Corrections, in his individual and
official capacities; M.D. SARA SMITH,
Facility Medical Director, Stafford Creek
Corrections Center, in her individual and
official capacities; M.D. J DAVID
KENNEY, Stafford Creek Corrections
Center, in his individual capacity;
BERNARD WARNER, Secretary,
Washington Department of Corrections, in
his individual and official capacities;
BRANDON WELLS, Correctional
Officer, Airway Heights Corrections
Center, in his individual capacity;
MARTHA HAYES, Correctional Officer,
Airway Heights Corrections Center, in her
individual capacity; WASHINGTON
DEPARTMENT OF CORRECTIONS,
Defendants - Appellants.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Argued and Submitted November 4, 2013
Seattle, Washington
Before: SCHROEDER, PAEZ, and BERZON, Circuit Judges.
Plaintiff-Appellee Shawn Francis brought the underlying action against
prison doctors and officials for deliberate indifference to the plaintiff’s serious
medical needs in violation of the Eighth Amendment. This appeal is from a district
court order granting the plaintiff’s motion for a preliminary injunction ordering the
defendants to send Francis to an orthopedic specialist for evaluation of his right
shoulder.
At oral argument the parties advised the court that this injunction has now
been complied with. This appeal is therefore moot and must be dismissed because
the plaintiff has received the relief that was ordered. See Honig v. Students of the
Cal. Sch. for the Blind, 471 U.S. 148, 149 (1985). The dismissal of this
preliminary injunction appeal does not affect the underlying district court action.
DISMISSED.
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