Nance v. Stommel

Full title: WILLIAM NANCE, Plaintiff, v. JOE STOMMEL, Defendant

Court: United States District Court, D. Colorado

Date published: May 28, 2008

Civil Action No. 08-cv-00977-BNB (D. Colo. May. 28, 2008)

Opinion

Civil Action No. 08-cv-00977-BNB.

May 28, 2008

ORDER

ZITA WEINSHIENK, Senior District Judge

Plaintiff William Nance has filed pro se a "Motion for Appointment of Counsel" and a "Motion to Compel Show Cause, Temporary Restraining Order and Preliminary Injunction." The Court must construe the motions liberally because Mr. Nance is not represented by an attorney. See Haines v. Kerner , 404 U.S. 519, 520-21 (1972); Hall v. Bellmon , 935 F.2d 1106, 1110 (10^th Cir. 1991). However, the court should not be an advocate for a pro se litigant. See Hall , 935 F.2d at 1110. For the reasons stated below, the motions will be denied.

Mr. Nance complains in the instant action that his Fifth Amendment rights have been violated as a result of his termination from the sex offender treatment program. Mr. Nance specifically alleges that he was terminated from the program in September 2005. Although Mr. Nance seeks to enjoin Defendant from removing Mr. Nance from the program, there is no indication that Mr. Nance currently is participating in the sex offender treatment program. In fact, part of the relief Mr. Nance seeks in this action is to be reinstated into that program.

A party seeking a preliminary injunction must show a substantial likelihood of prevailing on the merits, that he will suffer irreparable injury unless the injunction issues, that the threatened injury outweighs whatever damage the proposed injunction may cause the opposing party, and that the injunction, if issued, would not be adverse to the public interest. See Lundgrin v. Claytor , 619 F.2d 61, 63 (10^th Cir. 1980). Similarly, a party seeking a temporary restraining order must demonstrate clearly, with specific factual allegations, that immediate and irreparable injury will result unless a temporary restraining order is issued. See Fed.R.Civ.P. 65(b).

Mr. Nance fails to show that he will suffer immediate and irreparable injury if no preliminary injunction or temporary restraining order is entered in this action. Therefore, the motion for a temporary restraining order or preliminary injunction will be denied. The motion for appointment of counsel will be denied as premature. Accordingly, it is

ORDERED that the "Motion to Compel Show Cause, Temporary Restraining Order and Preliminary Injunction" filed on May 12, 2008, is denied. It is

FURTHER ORDERED that the "Motion for Appointment of Counsel" filed on May 12, 2008, is denied as premature.