Wells v. Krebs et al

Filing 112

ORDER. The Magistrate Judge's Recommendations 97 are correct. Defendants Motion for Summary Judgment 57 is GRANTED. Plaintiffs Motion for Preliminary Injunction 5 is DENIED. Plaintiffs Request for Temporary Restraining Order 31 is DENIED. This action is DISMISSED WITH PREJUDICE. By Judge Lewis T. Babcock on 11/01/2010.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 10-cv-00023-LTB-KMT VINCENT E. WELLS, Plaintiff, v. STEPHEN R. KREBS, M.D., Medical Director, Physician Health Partners, JOSEPH FORTUNATO, M.D., Sterling Correctional Facility, BARRY GOLDSMITH, M.D., Sterling Correctional Facility, PAULA FRANZ, M.D., Medical Director, Colorado Department of Corrections, JO ANNE STOCK, P.A., Sterling Correctional Facility, BEVERLY DOWIS, Health Service Administrator, and CHERYL SMITH, Clinical Chief of Operations, Colorado Department of Corrections, Defendants. ________________________________________________________________________ ORDER ________________________________________________________________________ This case is before me on the recommendation of the Magistrate Judge issued and served on September 1, 2010 (Doc 97). Plaintiff has file timely written objections to the Magistrate Judge's Recommendations and Defendants have filed timely written response to Plaintiff's objections. I have reviewed the Magistrate Judge's Recommendations de novo in light of the objections, Defendants' response, and the file and record in this case. On de novo review, I conclude that the Recommendations are correct. Accordingly, it is ORDERED as follows: 1. 2. Defendants' Motion for Summary Judgment (Doc 57) is GRANTED. Plaintiff's Motion for Preliminary Injunction (Doc 5) is DENIED.

3. 4.

Plaintiff's Request for Temporary Restraining Order (Doc 31) is DENIED. This action is DISMISSED WITH PREJUDICE. BY THE COURT: s/Lewis T. Babcock Lewis T. Babcock, Judge

DATED:

November 1, 2010