Wiechmann v. Ritter , 44 F. App'x 346 ( 2002 )

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUL 26 2002
TENTH CIRCUIT
PATRICK FISHER
Clerk
SYLVIA CAMPO WIECHMANN,
Petitioner - Appellant,
v. No. 02-1146
WILLIAM RITTER; GARY PANGUS; (D.C. No. 02-Z-177)
MICHAEL VALLEJOS; SHELLEY (D. Colorado)
GILMAN; STEPHAN PHILLIPS; BAY
COUNTY SHERIFF,
Respondents - Appellees.
ORDER AND JUDGMENT*
Before SEYMOUR, HENRY, and BRISCOE, Circuit Judges.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of this
appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered
submitted without oral argument.
Petitioner Sylvia Campo Wiechmann, appearing pro se, appeals the district court's
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
denial of her motion for a temporary restraining order/preliminary injunction. We
exercise jurisdiction pursuant to 28 U.S.C. § 1292(a)(1) and affirm.
On January 29, 2002, Wiechmann filed a motion and related pleadings for a
“federal injunction,” alleging she was being illegally confined at the Colorado Mental
Health Institution in Pueblo, Colorado. She argued that she was a federal judge and that,
in order to be criminally prosecuted or involuntarily committed, she first must be
impeached. On February 15, 2002, she filed an application for a writ of habeas corpus,
again alleging she was being illegally confined. On March 12, 2002, the magistrate judge
directed her to file an amended habeas application because her initial filing was unclear
and did not comply with Federal Rule of Civil Procedure 8 (a) and (e)(1). The magistrate
granted Wiechmann thirty days to amend her application and directed that if she failed to
do so, the action would be dismissed without further notice.
On March 15, 2002, the district court rejected Wiechmann's initial pleadings,
which it construed as a motion for temporary restraining order and/or preliminary
injunction. The court found that she failed to allege any facts indicating that she would
suffer immediate and irreparable harm if the requested injunctive relief was not granted.
The court further concluded that Wiechmann failed to establish (1) a substantial
likelihood that she would ultimately prevail on the merits of her habeas application, (2)
that the threatened injury outweighed any damage the injunction might cause the
opposing party, or (3) that the requested injunctive relief would not be adverse to the
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public interest.
We review a district court's denial of a temporary restraining order or preliminary
injunction for an abuse of discretion. See Prairie Band of Potawatomi Indians v. Pierce,
253 F.3d 1234, 1243 (10th Cir. 2001). A district court abuses its discretion if it “'commits
an error of law, or is clearly erroneous in its preliminary factual findings.'” Id. (quoting
ACLU v. Johnson, 194 F.3d 1149, 1155 (10th Cir. 1999)). To merit a temporary
restraining order or preliminary injunction, the movant must establish that “(1) [she] has a
substantial likelihood of prevailing on the merits; (2) [she] will suffer irreparable injury if
[she] is denied the injunction; (3) [her] threatened injury outweighs the injury that the
opposing party will suffer under the injunction; and (4) an injunction would not be
adverse to the public interest.” Country Kids 'N City Slicks, Inc. v. Sheen, 77 F.3d 1280,
1283 (10th Cir. 1996). After carefully examining the record on appeal, we find no abuse
of discretion on the part of the district court.
We AFFIRM the denial of Wiechmann's motion for temporary restraining
order/preliminary injunction. The motion for release pending appeal is DENIED. The
motion to proceed in forma pauperis on appeal is DENIED.
Entered for the Court
Mary Beck Briscoe
Circuit Judge
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