Opinion
Civil Action No. 10-cv-01377-BNB.
August 3, 2010
ORDER
Plaintiff, Jeremy Pinson, is a federal prisoner who currently is incarcerated at the Federal Correctional Institution in Talladega, Alabama. On June 21, 2010, Mr. Pinson, acting pro se , filed an Emergency Motion for a Preliminary Injunction. In the Motion, Mr. Pinson requests that the Court enjoin Defendants Lappin and Savers from housing him in the same institution with inmates or prison gang members who pose a known, specific risk of harm to him. The Motion will be denied.
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 (10th Cir. 1980).
Mr. Pinson fails to allege specific facts that demonstrate he is facing immediate and irreparable' injury. Although Mr. Pinson asserts in his Complaint that he was attacked on December 12, 2007 while he was housed at the federal prison in Florence, Colorado and again on April 9, 2008 at the federal prison in Victorville, California, he does not assert that he now is in immediate danger of being attacked where he is housed at the federal prison in Talladega, Alabama. Mr. Pinson seeks injunctive relief from being placed in a prison facility where he may be housed with inmates or prison gang members who pose a known, specific risk of harm to him. His claim of future injury is speculative. Accordingly, it is
ORDERED that the Emergency Motion for a Preliminary Injunction (Doc. No. 5), filed June 21, 2010, is DENIED.