Robertson v. Biby

Summary

The Tenth Circuit affirmed the dismissal as moot of a Kansas prisoner’s RLUIPA action seeking permission to possess an audio Bible player and related accessories. The court held that prison officials’ later seizure of the headphones did not revive the original moot claim, though it might support a different claim. The court also affirmed denial of secretarial fees because a pro se litigant is not eligible for an attorney-fee award under 42 U.S.C. § 1988.

Holdings

1. The claim was moot because prison officials provided the relief Robertson originally sought, leaving no live controversy requiring adjudication.
2. The later seizure did not unmoot or revive the original action; it might create a new claim, but it presented a different dispute from the one originally before the district court.
3. A pro se litigant is not eligible for an attorney's-fee award under § 1988, including an award for secretarial assistance.
4. The court declined to consider the argument because Robertson raised it for the first time in his reply brief.

Questions Presented

1. Whether Robertson's RLUIPA claim was moot after prison officials allowed him to possess the my-iBible and related accessories.
2. Whether later seizure of Robertson's earbuds revived or otherwise prevented mootness of the original claim.
3. Whether Robertson could obtain an award under 42 U.S.C. § 1988 for secretarial assistance while proceeding pro se.
4. Whether Robertson's arguments concerning extensions of time and preliminary injunctions remained reviewable after the case became moot.

Disposition

affirmed