Mitchell v. North Carolina Medical Board et al

Filing 13

ORDER denying without prejudice 5 Motion for Preliminary Injunction. Signed by Judge Roy B. Dalton, Jr. on 10/20/2016. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
PAUL A. MITCHELL,
Plaintiff,
v.

Case No. 6:16-cv-1648-Orl-37DCI

NORTH CAROLINA MEDICAL BOARD;
PATRICK BAESTRIERI; SARAH
EARLY; KAREN MCGOVERN;
CHERYL HARA; ASHLEY M. KLEIN;
SADZI OLIVA; and DANIEL KELBER,
Defendants.
ORDER
This cause is before the Court on its own motion.
On September 20, 2016, Plaintiff initiated the instant action pursuant to Title VII of
the Civil Rights Act of 1964. (Doc. 1 (“Complaint”).) Contemporaneously with the
Complaint, Plaintiff filed motions to proceed in forma pauperis (Doc. 2 (“IFP Motion”))
and to temporarily seal the Complaint, IFP Motion, and a forthcoming motion for
preliminary injunction (“PI Motion”) (Doc. 3 (“Motion to Seal”)).
On October 14, 2016, the Court denied the Motion to Seal on its merits. (Doc. 9
(“October 14 Order”).) Because the Motion to Seal stressed Plaintiff’s insistence on
proceeding in a sealed action, the Court denied the IFP Motion without prejudice and
granted Plaintiff leave to refile such motion in the event that he desired to continue in an
open proceeding. (See Docs. 3, 4, 9.)
Plaintiff has not yet filed an IFP Motion, nor has he paid the required filing fee. As
such, the PI Motion filed September 23, 2016, is premature and is due to be denied

without prejudice. Plaintiff may reassert such motion after he pays the requisite filing fee
or is granted leave to proceed in forma pauperis.
Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiff’s Motion for
Preliminary Injunction (Doc. 5) is DENIED WITHOUT PREJUDICE.
DONE AND ORDERED in Chambers in Orlando, Florida, on October 20, 2016.

Copies:
Counsel of Record

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