
USCA1 Opinion

	




          September 9, 1994                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 94-1111                           PATRICK TRACY and AEDAN MCCARTHY,                               Plaintiffs, Appellants,                                          v.                               KENNEBEC COUNTY SHERIFF,                                 Defendant, Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                              FOR THE DISTRICT OF MAINE                     [Hon. Morton A. Brody, U.S. District Judge]                                            ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                           Selya and Stahl, Circuit Judges.                                            ______________                                 ____________________            Patrick Tracy and Aedan McCarthy on brief pro se.            _____________     ______________            William R. Fisher and Monaghan, Leahy,  Hochadel & Libby on  brief            _________________     __________________________________        for appellee.                                 ____________________                                 ____________________                      Per Curiam.   Pro  se plaintiffs Patrick  Tracy and                      __________            Aedan   McCarthy  appeal  a   district  court  judgment  that            dismissed their 42 U.S.C.  1983 complaint as frivolous within            the meaning  of 28  U.S.C.   1915(d).   Both plaintiffs  were            inmates at the Kennebec County  Jail when they commenced this            action and their complaint  named the Kennebec County Sheriff            as the  sole  defendant.   The  complaint  alleged  that  the            plaintiffs  were  being  denied  their rights  to  meaningful            access  to the courts because the law library at the Kennebec            County Jail was "totally  inadequate."  The plaintiffs sought            injunctive  relief in the form of an order requiring the jail            to  bring the law library up  to the minimum standards set by            the American Association of Law Libraries.                      By letter  dated March  2, 1994, Tracy  advised the            clerk of this  court that  he had been  transferred from  the            Kennebec  County Jail  to another  jail.   We have  also been            advised that McCarthy now resides  at the Maine State  Prison            in Thomaston.  As neither plaintiff is presently incarcerated            at  the Kennebec  County  Jail, their  claims for  injunctive            relief  are moot.  Accordingly, this appeal is dismissed, the                                                           _________            district  court's  judgment  is  vacated,  and  the  case  is                                             _______            remanded with directions to dismiss the plaintiffs' complaint            ________            as moot.  See United States v. Munsingwear, 340  U.S. 36, 39-                      ___ _____________    ___________            40 (1950);  Gomes v. Rhode Island Interscholastic League, 604                        _____    ___________________________________            F.2d 733, 736 (1st  Cir. 1979); Kelaghan v.  Industrial Trust                                            ________     ________________            Co., 211 F.2d 134, 135 (1st Cir. 1954)(per curiam).            ___                      It is so ordered.                      ________________                                         -3-
