Toney v. Berkebile et al

Filing 21

ORDER denying 1 and 19 Motions requesting preliminary injunction, by Judge Lewis T. Babcock on 3/8/13.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00111-BNB
JOE M. TONEY, JR.,
Plaintiff,
v.
WARDEN BERKEBILE,
A.W. HALL,
A.W. KUTA,
S.I.S. REDDEN,
R. MARTINEZ,
MS. RANGEL,
MS. SUDLOW, and
MR. MADISON,
Defendants.

ORDER

Plaintiff, Joe M. Toney, Jr., is a federal prisoner who currently is incarcerated at
the United States Penitentiary in Florence, Colorado. On February 15, 2013, Plaintiff,
acting pro se, filed a “Motion to Resubmit and Amend Motion for a Preliminary
Injunction,” ECF No. 19. Plaintiff also filed a Motion for Preliminary Injunction, ECF No.
1, when he initiated this action.
The Motions seek the same relief. Plaintiff requests that the Court enjoin
Defendants from interfering with his mail, access to the courts, and ability to file
administrative remedies. Plaintiff further requests that Defendants be enjoined from
harassing, disrespecting, and threatening him. For the following reasons, the Motions
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).
Plaintiff fails to allege specific facts that demonstrate he is facing immediate and
irreparable injury. The requests for injunctive relief do not address a claim of immediate
and irreparable harm and are only requests that may be granted if the Court were to
rule in his favor in this case. Accordingly, it is
ORDERED that the Motions requesting a preliminary Injunction, ECF Nos. 1 and
19, are DENIED.
DATED at Denver, Colorado, this 8th

day of

March

, 2013.

BY THE COURT:

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

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