Leete v. Colorado Board of Medical Examiners

Opinion by

Judge SMITH.

Plaintiff, Richard C. Leete, M.D., appeals from the dismissal of his complaint seeking declaratory relief as to the meaning of certain provisions of a prior disciplinary order of the Colorado Board of Medical Examiners (Board). The district court dismissed the complaint for lack of subject matter jurisdiction, based on plaintiff’s failure to exhaust his administrative remedies with the Board. We affirm.

In 1987, disciplinary proceedings concerning plaintiff’s license to practice medicine were resolved when plaintiff and the Board entered into a stipulation and order in…