Ind filed suit under 42 USC 1983 alleging a two book limit for prisoners in administrative segregation violated his religious rights. During the pendency of the suit, he was transferred form segregation to a general population facility. Department moved to dismiss arguing mootness. The district court denied the motion and entered judgment for Ind. The panel reversed and remand for dismissal. It held that eth release form segregation mooted the case, that the transfer was not done to defeat the claim, that Ind had not been sent back to segregation in almost four years and the court would not assume he would act in ways that would result in a return to segregation.