Dunn v. Warden Ware State Prison

Summary

The Eleventh Circuit reviewed an interlocutory appeal from an order denying Cleveland Dunn’s request for a preliminary injunction and dismissing claims against some defendants. The court affirmed the denial of injunctive relief because Dunn had presented no evidence or requested an evidentiary hearing, and dismissed the remainder of the appeal for lack of appellate jurisdiction.

Holdings

1. An order dismissing claims against some, but not all, defendants is not a final judgment appealable as of right absent a proper Federal Rule of Civil Procedure 54(b) certification or another basis for appellate jurisdiction.
2. The express denial of a request for injunctive relief is appealable under 28 U.S.C. § 1292(a)(1).
3. The district court did not abuse its discretion in denying preliminary injunctive relief where the plaintiff merely requested relief in an unverified complaint and presented no supporting evidence or request for an evidentiary hearing.
4. A prisoner's transfer or release generally moots claims for injunctive and declaratory relief against officials at the former facility.

Questions Presented

1. Whether the Eleventh Circuit had interlocutory appellate jurisdiction to review the dismissal of claims against some, but not all, defendants.
2. Whether the district court abused its discretion by denying Dunn's request for a preliminary injunction without supporting evidence or a request for an evidentiary hearing.
3. Whether Dunn's transfer from the prisons rendered his claims for injunctive relief moot.

Disposition

other