* The Honorable Paul A. Crotty, of the United States Co urt for the Southern District of New York, sitting by designation. Draft of February 14, 2011 1 10-267-pr Hogan v. Fischer

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 

## SUMMARY ORDER
Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this Court’s Local Rule 32.1.1. When ci ting a summary order in a document filed with this Court, a party must cite either the Federal Appendix or an electr onic database (with the notation “summary order”). A party citing a summary order must serve a copy of it on any party not represented by counsel.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the 1 Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on 2 the 22 nd day of February, two thousand eleven. 3

PRESENT: 4
J OSÉ A. C ABRANES , 5 D ENNY C HIN , 6 Circuit Judges
, 7 P AUL A. C ROTTY , 8 District Judge. * 9 10

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J OHN H OGAN , 12
Plaintiff-Appellant
, 13 14 v. No. 10-267-pr 15 16 B RIAN F ISCHER , Commissioner of the New York State 17 Department of Correctional Services, J AMES T. C ONWAY , 18 Superintendent, P AUL C HAPPIUS , Deputy Superintendent for 19 Security, E DWIN M ENDEZ , Sergeant, C RAIG B ALCER , 20 Sergeant, C HRISTOPHER J. E RHARDT , Correction Officer, 21 G ARY J. P RITCHARD , Correction Officer, K EVIN J. G EFERT , 22 Correction Officer, N ICHOLAS P. L ANNI , Correction Officer, 23 N ICHOLAS J. P IECHOWICZ , Correction Officer, J OHN D OE 24 #1, Correction Officer, J OHN D OE #2, Correction Officer, 252 J OHN D OE #3, Correction Officer, J OHN D OE #4, 1 Correction Officer, J OHN D OE #5, Correction Officer, 2 J OHN D OE #6, Correction Officer, J OHN D OE #7, 3 Correction Officer, J ANE D OE #1, Nurse, and J ANE D OE 4 #2, Nurse, 5 Defendants-Appellees

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FOR APPELLANT: John Hogan, pro se , Attica Correctional Facility, Attica, NY. 8

FOR APPELLEES: Robert M. Goldfarb, Assistant Solicitor General (Andrew M. 9 Cuomo, Attorney General, Barbara D. Underwood, Solicitor 10 General, Nancy A. Spiegel, Senior Assistant Solicitor General, 11 on the brief ), State of New York, New York, NY. 12 13 14 Appeal from an November 19, 2009 order entered in the United States District Court for the 15 Western District of New York (Charles J. Siragusa, Judge ). 16
UPON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, 17 ADJUDGED, AND DECREED that the appeal be DISMISSED as moot. 18
Plaintiff-Appellant John Hogan, pro se and incarcerated, appeals from the District Court’s 19 interlocutory order denying his applications for a preliminary injunction. We assume the parties’ 20 familiarity with the underlying facts, procedur al history of the case, and issues on appeal. 21
As a matter of Article III standing, “in general, an appeal from the denial of a preliminary 22 injunction is mooted by the occurrence of the action sought to be enjoined.” Moore v. Consol. Edison 23 Co. of N.Y. , 409 F.3d 506, 509 (2d Cir. 2005) (quotation marks omitted). Here, it is undisputed that 24 Hogan sought to enjoin the defendants to transf er him out of Attica Correctional Facility, and that 25 he has since been granted such a transfer. Accordingly, this appeal is hereby DISMISSED as moot. 26 27 FOR THE COURT, 28 Catherine O’Hagan Wolfe, Clerk of Court 29 30