Lance R. Martin v. T. HARRINSTON, Correctional Officer at RJD-San Diego;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LANCE R. MARTIN,
Plaintiff - Appellant,
v.
T. HARRINSTON, Correctional Officer at
RJD-San Diego; et al.,
Defendants - Appellees.
No. 15-56152
D.C. No. 3:14-cv-02914-BEN-
PCL
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Former California state prisoner Lance R. Martin appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various
claims arising from defendants’ interference with his outgoing mail. We have
FILED
AUG 04 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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jurisdiction under 28 U.S.C. § 1291. We dismiss the appeal as moot.
In his operative second amended complaint, Martin sought only declaratory
and injunctive relief regarding his mail. On May 5, 2016, this court received a
letter from Martin indicating that he had been released from prison. Because
Martin is no longer incarcerated, this appeal is moot. See Alvarez v. Hill, 667 F.3d
1061, 1064 (9th Cir. 2012) (an inmate’s release from prison generally will moot
any pending claims for declaratory or injunctive relief because the inmate is no
longer subject to the challenged prison conditions or policies).
In light of our disposition, we do not consider Martin’s contentions
regarding the merits of his claims.
DISMISSED.
15-56152 2

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