Timmy J. Reichling v. J. Best, Correctional Officer

United States Court of Appeals
For the Eighth Circuit
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No. 22-2366
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Timmy J. Reichling
lllllllllllllllllllllPetitioner - Appellant
v.
J. Best, Correctional Officer; D. Drillings, Correctional Officer; Federal Bureau of
Prisons, Sandstone; T. J. Fikes, Warden; Johnson, Correctional Officer; Dr. Ann
LaValley-Wood, Chief Psychologist; T. Radzewicz, Correctional Officer; T.
Scullard, Correctional Officer; Dr. Warlick, Staff Psychologist; White,
Correctional Officer; R. Zaudkte, Correctional Officer
lllllllllllllllllllllRespondents - Appellees
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Appeal from United States District Court
for the District of Minnesota
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Submitted: October 13, 2022
Filed: October 21, 2022
[Unpublished]
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Before COLLOTON, KELLY, and KOBES, Circuit Judges.
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PER CURIAM.

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In prisoner Timmy Reichling’s civil rights action, he appeals the district
court’s1 interlocutory order denying his request for preliminary injunctive relief.
Because, as Reichling concedes in his pro se brief, his transfer to another prison
during the pendency of his action mooted his request for injunctive relief, we lack
jurisdiction. See Beaulieu v. Ludeman, 690 F.3d 1017, 1024 (8th Cir. 2012) (claim
is moot if issue presented is no longer live); Morgenstern v. Wilson, 29 F.3d 1291,
1294-95 (8th Cir.1994) (review of interlocutory ruling related to injunctive relief).
To the extent that Reichling challenges the without-prejudice denial of his motion for
counsel, we find no abuse of discretion. See Ward v. Smith, 721 F.3d 940, 942-43
(8th Cir. 2013) (per curiam) (denial of motion for appointment of counsel in § 1983
action is immediately appealable and reviewed for abuse of discretion). The appeal
is dismissed. See 8th Cir. R. 47A(a).
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1The Honorable John R. Tunheim, Chief Judge, United States District Court for
the District of Minnesota, adopting the report and recommendations of the Honorable
Hildy Bowbeer, United States Magistrate Judge for the District of Minnesota, now
retired.
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