Vega v. Wiley

Full title: JOSE VEGA, Plaintiff, v. R. WILEY, Warden of ADX, CAPTAIN CASSANEADER, of…

Court: United States District Court, D. Colorado

Date published: Aug 15, 2007

Civil Action No. 07-cv-01356-BNB (D. Colo. Aug. 15, 2007)

Opinion

Civil Action No. 07-cv-01356-BNB.

August 15, 2007

ORDER

ZITA WEINSHIENK, Senior District Judge

Plaintiff Jose Vega has filed pro se three separate motions seeking preliminary injunctive relief in this action. The court must construe the motions liberally because Mr. Vega 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 the pro se litigant's advocate. See Hall, 935 F.2d at 1110. For the reasons stated below, the motions will be denied.

On June 25, 2007, Mr. Vega filed a "Motion Requesting Honorable Court to Take Judicial Notice and to Enter Order Under Exigent Circumstances" in which he requests a preliminary injunction directing prison officials to cease their acts of misconduct and implement health and sanitary procedures for the foods he is served. On July 23, 2007, Mr. Vega filed "Plaintiff's Motion for Court Order Pursuant to Title 28 U.S.C. §§ 452; 636 (2006)" in which he requests a preliminary injunction ordering Defendants to cease their retaliatory acts against him. On August 2, 2007, Mr. Vega filed "Plaintiff's Motion for Administrative and Procedural Order" in which he again requests a preliminary injunction directing prison officials to cease their acts of misconduct.

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). Mr. Vega fails to show that he will suffer irreparable injury if no preliminary injunction is entered in this action. Therefore, the motions seeking preliminary injunctive relief will be denied. Accordingly, it is

ORDERED that the "Motion Requesting Honorable Court to Take Judicial Notice and to Enter Order Under Exigent Circumstances" filed on June 25, 2007, "Plaintiff's Motion for Court Order Pursuant to Title 28 U.S.C. §§ 452; 636 (2006)" filed on July 23, 2007, and "Plaintiff's Motion for Administrative and Procedural Order" filed on August 2, 2007, are denied.