MCDONALD v. LAUREN MCC WSR (2018)

MEMORANDUM **

Steven Darby McDonald appeals pro se from the district court's order denying his motion for a preliminary injunction in his 42 U.S.C. § 1983 alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291(a)(1). We review for an abuse of discretion. Am. Hotel & Lodging Ass'n v. City of Los Angeles, 834 F.3d 958, 962 (9th Cir. 2016). We affirm in part, vacate in part, and remand.

The district court did not abuse its discretion by denying McDonald's motion for a preliminary injunction requesting transfer to another prison as moot, because McDonald was transferred to another prison after his amended motion for a preliminary injunction was filed. However, it is unclear from the record whether McDonald's remaining requests for injunctive relief were also moot. See Walker v. Beard, 789 F.3d 1125, 1132 (9th Cir. 2015) (discussing when a prisoner's requests for injunctive relief relating to prison conditions are rendered moot). We vacate the judgment in part, and remand for further proceedings. On remand, the district court should consider in the first instance the merits of McDonald's motion for a preliminary injunction, and can consider supplemental filings from McDonald regarding his requests for injunctive relief.

McDonald's pending motions are denied.

Appellees shall bear the costs on appeal.

AFFIRMED in part, VACATED in part, and REMANDED.