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 22, 2007

Civil Action No. 07-cv-01356-BNB (D. Colo. Aug. 22, 2007)

Opinion

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

August 22, 2007

ORDER

ZITA WEINSHIENK, Senior District Judge

Plaintiff Jose Vega has filed pro se two new motions seeking preliminary injunctive relief and a temporary restraining order. The Court previously has denied three motions for 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 August 8, 2007, Mr. Vega filed "Plaintiff's Motion Requesting Court to Enter Order Prohibiting Defendants Acts of Harassment and Retaliation" in which he seeks an order directing prison officials to cease their acts of misconduct. On August 13, 2007, Mr. Vega filed "Plaintiff's Motion Requesting Court to Grant Temporary Restraining Order Pursuant to Fed.R.Civ.P. 65(B), Title 28 U.S.C.A. (2006)" in which he seeks a temporary restraining order to prevent prison officials from contaminating his food.

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. Vega 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 motions will be denied. Accordingly, it is

ORDERED that "Plaintiff's Motion Requesting Court to Enter Order Prohibiting Defendants Acts of Harassment and Retaliation" filed on August 8, 2007, and "Plaintiff's Motion Requesting Court to Grant Temporary Restraining Order Pursuant to Fed.R.Civ.P. 65(B), Title 28 U.S.C.A. (2006)" filed on August 13, 2007, are denied.