Opinion
Civil Action No. 07-cv-01359-BNB.
August 9, 2007
ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION
Plaintiff, Jason J. Ramirez, is a prisoner in the custody of the Colorado Department of Corrections (DOC) who currently is incarcerated at the Huerfano County Correctional Center in Walsenburg, Colorado. On July 24, 2007, Mr. Ramirez filed pro se a second amended civil rights complaint for injunctive relief pursuant to 42 U.S.C. § 1983 (2006) and 28 U.S.C. § 1343(a)(3) (1993). He also has filed a motion for a preliminary injunction, titled "Memorandum of Law," and a "Declaration in Support of Preliminary Injunction."
The Court must construe liberally the motion for a preliminary injunction because Mr. Ramirez is a pro se litigant. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). However, the Court should not act as a pro se litigant's advocate. Hall, 935 F.2d at 1110. For the reasons stated below, the liberally construed motion for a preliminary injunction will be denied.
Mr. Ramirez seeks to receive what he considers to be his full allotment of good-time credits and consideration for community corrections and/or parole, which he apparently contends he is being denied because of his refusal to participate in the DOC's sex offender treatment program. On the basis of these allegations, he believes he needs the Court's protection.
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 to him 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. Ramirez fails to allege any facts that demonstrate he is facing immediate and irreparable injury. Therefore, the liberally construed motion for a preliminary injunction will be denied. Accordingly, it is
ORDERED that the liberally construed motion for a preliminary injunction, titled "Memorandum of Law," that Plaintiff Jason J. Ramirez submitted to and filed with the Court on July 24, 2007, is denied.