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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

KENNETH GREGORY BEBOUT,

Plaintiff,

v. CASE NO. 1:10-cv-144-MP-GRJ

ROBERT WOODY,

Defendant.

_____________________________/

REPORT AND RECOMMENDATION

Pending before the Court is Defendant Woody’s Amended Motion To Dismiss. 

(Doc. 21.) Plaintiff has not filed a response to the motion, even though the time within

which to do so has long since expired. Defendant Woody advises that Plaintiff was 1

released from the Alachua County Jail on October 20, 2010 after the entry of a nolle

prosequi in the pending criminal case against him. Accordingly, Defendant Woody

requests that the Court dismiss this case pursuant to Fed. R. Civ. P. 12(b)(1) on the

grounds that this Court lacks subject matter jurisdiction over this action. For the

reasons discussed below, it is respectfully RECOMMENDED that Defendant Woody’s

motion should be granted and this cause should be DISMISSED WITH PREJUDICE for

lack of subject matter jurisdiction.

Discussion

In the Amended Complaint Plaintiff brings a claim for violation of Plaintiff’s rights

under the First Amendment because the Alachua County Jail failed to provide him with

 Defendant’s Amended Motion to Dismiss was filed on November 19, 2010.

1

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Kosher meals. The only relief requested by Plaintiff is the issuance of an injunction

requiring the Alachua County Jail to provide him with kosher meals. (Doc. 8.) On

January 3, 2011 this Court entered an order denying Plaintiff’s motion for a preliminary

injunction and referred this case back to the undersigned for further proceedings. (Doc.

22.) 

Defendant Woody now requests the Court to dismiss the case for lack of subject

matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) because Plaintiff has been

released from the Alachua County Jail and, therefore, the case is moot. 

In support of the motion, Defendant Woody has submitted the affidavit of Ms.

Cheryl Stinson – the Booking Support Bureau Chief at the Alachua County Jail, who is

in charge of maintaining the jail’s inmate booking files – attesting that Plaintiff was

released from the jail on October 20, 2010 and that he has not been in custody at the

Alachua County Jail since that date. Ms. Stinson also declares that she performed a

search of the FCIC/NCIC and Alachua County Master Name Index (MNI)/warrants

records databases prior to Plaintiff’s release and determined that there were no arrest

warrants, active holds or detainers currently pending for Plaintiff that would cause him

to be returned to the Alachua County Jail. Also attached as an exhibit to Ms. Stinson’s

affidavit is a copy of Plaintiff’s booking record from the Alachua County Jail, which

reflects that Plaintiff was released from the Alachua County Jail on October 20, 2010 at

6:39 p.m. (Doc. 21-1 p. 3.) 

In order to invoke the jurisdiction of a federal court, Plaintiff must satisfy the

threshold requirements imposed by Article III of the Constitution by alleging a live case

or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 101 (1983). To meet this

Case No: 1:10-cv-144-MP-GRJ

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requirement, Plaintiff must show that (1) he has suffered an “injury in fact,” (2) there is a

causal connection between the injury and the conduct complained of, and (3) it is likely

that the injury will be redressed by a favorable decision. 31 Foster Children v. Bush,

329 F.3d 1255, 1263 (11 Cir. 2003). To obtain prospective injunctive relief, Plaintiff

th

must establish that he has a “personal stake” in the outcome of the proceedings by

showing a “real and immediate” threat of future injury.Stewart v. McGinnis, 5 F.3d

1031, 1037 (7 Cir. 1993). A case is deemed moot when “the issues presented are no th

longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” 31 Foster

Children, 329 F.3d at 1263 (11 Cir. 2003)(quoting Powell v. McCormick, 395 U.S. 486,

th

496 (1969)). In other words, a case is moot when it “no longer presents a live

controversy with respect to which the court can give meaningful relief.” Id. (quoting Fla.

Ass’n of Rehab Facilities, Inc. v. Fla. Dep’t of Health & Rehabilitative Servs., 255 F.3d

1208, 1217 (11 Cir. 2000)). th

This case no longer presents a live controversy with respect to which this Court

can give meaningful relief because Plaintiff has been released from the Alachua County

Jail and the only relief sought by Plaintiff is prospective injunctive relief. Therefore,

because a live controversy no longer exists between Plaintiff and Defendant Woody

Plaintiff no longer has Article III standing to pursue this action. Accordingly, this case is

moot warranting dismissal of this action pursuant to Fed. R. Civ. P. 12(b)(1).

Conclusion

In light of the foregoing, it is respectfully RECOMMENDED that Defendant

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Woody’s Amended Motion To Dismiss (Doc. 21) should be GRANTED and this cause

should be DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction. 

IN CHAMBERS at Gainesville, Florida, this 10th day of May, 2011.

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

NOTICE TO THE PARTIES

Pursuant to Fed. R. Civ. P. 72(b)(2), a party may file specific, written objections to

the proposed findings and recommendations within 14 days after being served with a

copy of this report and recommendation. A party may respond to another party’s

objections within 14 days after being served with a copy thereof. Failure to file specific

objections limits the scope of review of proposed factual findings and

recommendations.

Case No: 1:10-cv-144-MP-GRJ

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