Rozenberg v. Knight et al

Filing 11

ORDER denying 3 Motion for Preliminary Injunction by Judge Lewis T. Babcock on 03/14/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00431-BNB
SAM ROZENBERG,
Plaintiff,
v.
JUDITH KNIGHT, and
MIKE PEREZ,
Defendants.

ORDER

Plaintiff, Sam Rozenberg, is a state prisoner who currently is incarcerated at the
Arkansas Valley Correctional Facility in Crowley, Colorado. On February 17, 2012, Mr.
Rozenberg, acting pro se, filed a “Motion for Injunction Order.” In the Motion, Mr.
Rozenberg requests that the Court enjoin Defendants from transferring him to another
correction facility in retaliation for filing this action. Mr. Rozenberg asserts that he was
moved from the Fremont Correctional Facility to the Arkansas Valley Correctional
Facility in 2009 after he was sexually assaulted and a transfer will seriously threaten his
life and safety. For the following reasons, the Motion will be denied.
A party seeking a preliminary injunction must show (1) a substantial likelihood of
prevailing on the merits; (2) he will suffer irreparable injury unless the injunction issues;
(3) the threatened injury outweighs whatever damage the proposed injunction may
cause the opposing party; and (4) 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. Rozenberg fails to allege specific facts that demonstrate he is facing
immediate and irreparable injury. Although Mr. Rozenberg asserts in his Complaint that
he was attacked in 2009 while he was housed at the Fremont facility, he does not assert
that he now is in immediate danger of being attacked where he is housed or that even if
he is transferred to another prison facility he will be placed by the inmates who attacked
him in 2009. Mr. Rozenberg’s claim of future injury is speculative. Accordingly, it is
ORDERED that the Motion for an Injunction Order, Doc. No. 3, filed on February
17, 2012, is DENIED.
DATED at Denver, Colorado, this

14th

day of

March

, 2012.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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