Tuttamore v. Allred et al

Filing 73

MINUTE ORDER denying without prejudice as moot 10 Plaintiffs [sic] Motion for a TRO and/or Preliminary Injuction [sic] and/or Protective Order with a Legal Breif [sic] in Support, by Magistrate Judge Kathleen M. Tafoya on 11/30/2011.(wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–01522–MSK–KMT

TIMOTHY S. TUTTAMORE,
Plaintiff,
v.
DR. ALLRED,
A. OSAGIE,
ADX WARDEN DAVIS,
M. SMITH, and
UNKNOWN UTILIZATION COMMITTEE MEMBERS, all in their official and individual
capacities,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on “Plaintiffs [sic] Motion for a TRO and/or Preliminary Injuction
[sic] and/or Protective Order with a Legal Breif [sic] in Support.” (Doc. No. 10, filed Nov. 14,
2011.) Plaintiff’s motion seeks an order requiring Defendants to immediately “arrange for the
plaintiff to be provided a physical examination and consultation by a certified licenced [sic]
Urologist.” (Id. at 6.)
The parties have indicated on November 14, 2011 that Plaintiff will be “evaluated by an outside
expert to make a recommendation regarding Plaintiff’s future medical needs” on or before
January 17, 2012. (See Doc. No. 66.) Accordingly, Plaintiff’s Motion for a TRO and/or
Preliminary Injunction (Doc. No. 10) is DENIED without prejudice as moot. If necessary,
Plaintiff may re-file his motion after the parties file their January 17, 2012 Status Report
advising the court as to the status of this case in light of the outside expert’s recommendation.
Dated: November 30, 2011