Opinion
Civil Action No. 07-cv-01848-BNB.
October 29, 2007
ORDER
Plaintiff Clarence A. Walker has filed pro se on October 22, 2007, a "Motion to Support Preliminary Injunction." The court must construe the motion liberally because Mr. Walker 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 (10th 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 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. Walker complains in this action that he is being subjected to harassment and threats in retaliation for a prior lawsuit he has filed. However, he fails to allege facts that demonstrate he will suffer irreparable injury if no preliminary injunction is entered in this action. Therefore, the motion for a preliminary injunction will be denied. Accordingly, it is
ORDERED that the "Motion to Support Preliminary Injunction" filed on October 22, 2007, is denied.