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Francis Anderson, Plaintiff-Appellant, v. Patricia Rehmer, Suing in her official capacity, Helene Vartelas, Suing in her official capacity, Scott Semple, Suing in his official capacity, Anne Cournoyer, Suing in her official capacity, Defendants-Appellees.
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Appellant Francis Anderson is currently serving a sentence in a Connecticut prison. He has previously been confined in a Connecticut psychiatric facility and has filed numerous lawsuits. Proceeding pro se, Anderson appeals the district court's judgment dismissing his 42 U.S.C. ' 1983 complaint because the district court concluded that the only relief sought, a preliminary injunction (sought in the complaint and in a series of motions), had previously been denied. An appeal from the denial of those motions was affirmed. See Anderson v. Rehmer, No. 15-3569 (2d Cir. Dec. 23, 2015). We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
We review sua sponte dismissals de novo. See Giano v. Goord, 250 F.3d 146, 149-50 (2d Cir. 2001).
Anderson's transfer to a new facility prevents him from seeking either injunctive or declaratory relief against officials of his prior facility. See Shepherd v. Goord, 662 F.3d 603, 610 (2d Cir. 2011).
Accordingly, we AFFIRM the judgment of the district court.
FOR THE COURT:
Catherine O'Hagan Wolfe, Clerk
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Docket No: 16-2322
Decided: August 25, 2017
Court: United States Court of Appeals, Second Circuit.
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