Mitchell v. McGovern et al

Filing 102

FINAL JUDGMENT in favor of Rocky Mountain Cancer Center, Cheryl Hara, Karen McGovern, and Sarah Early and against Paul A. Mitchell by Clerk on 8/12/2015. (vbarn)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-00559-CMA-CBS PAUL A. MITCHELL, Plaintiff, v. KAREN MCGOVERN, in her individual capacity as current director of the Colorado Medical Board, CHERYL HARA, in her individual capacity as former program director of the Colorado Medical Board, SARAH EARLY, in her individual capacity as executive director of the Colorado Physician Health Program, and ROCKY MOUNTAIN CANCER CENTER, Defendants. FINAL JUDGMENT In accordance with the orders filed during the pendency of this case, and pursuant to Fed. R. Civ. P. 58(a), the following Final Judgment is hereby entered. Pursuant to the Order Affirming and Adopting in Part the July 8, 2015 Recommendation of United States Magistrate Judge of Judge Christine M. Arguello entered on August 12, 2015 it is ORDERED that Plaintiff’s objection (Doc. 101) is OVERRULED. It is FURTHER ORDERED that the Recommendation of United States Magistrate Judge Shaffer (Doc. 97 ) is AFFIRMED and ADOPTED as an order of this Court. Pursuant to the Recommendation, it is FURTHER ORDERED that Mr. Mitchell’s Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. 5) be DENIED is AFFIRMED and ADOPTED as an order of this Court. It is FURTHER ORDERED that the Court does not adopt the recommendation that Mr. Mitchell be required to seek judicial approval before filing any future litigation. It is FURTHER ORDERED that Defendant Rocky Mountain Cancer Center’s Motion to Dismiss (Doc. 40), Defendant Cheryl Hara’s Motion to Dismiss (Doc. 42), and Defendant Karen McGovern’s Motion to Dismiss (Doc. 43) are DENIED AS MOOT. FURTHER ORDERED that Defendants shall have their costs by the filing of a Bill of Costs with the Clerk of this Court within fourteen (14) days of entry of judgment, and pursuant to the procedures set forth in Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1 DATED August 12, 2015 FOR THE COURT: JEFFREY P. COLWELL, CLERK By: s/ V. Barnes V. Barnes Deputy Clerk

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