Montez, et al v. Romer, et al

Filing 3796

FINAL ORDER OF DISMISSAL re: Claimant Marline Williams (Claim No. 03-454), by Richard C. Davidson on 01/27/09. This claim is dismissed (wjc, ) Modified on 1/30/2009 to add text (wjc, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 92-N-870 (OES) (Consolidated for all purposes with Civil Action No. 96-N-343) JESSE (JESUS) MONTEZ, et al., Plaintiffs, v. BILL OWENS, et al., Defendants. ________________________________________________________________________ Claim Number: 03-454 Category: III Claimant: Marline Williams, 44930 Address of Claimant: c/o Corry Powers, 1001 Lincoln Street, Denver, CO 80203 ________________________________________________________________________ FINAL ORDER OF DISMISSAL ________________________________________________________________________ THIS MATTER comes before the Special Master on the claim of Claimant Marline Williams. 1. This Hearing was scheduled to be held at Dominion Plaza, 600 17th Street, Suite 2800-South, Denver, CO 80202 at 9:30 a.m. on December 12, 2008 before Richard C. Davidson, Special Master. Present for the hearing were Jennifer Huss, Esq. appearing for the Defendants. Dr. Timothy Creaney, M.D. was called to testify for Defendants. 2. Claimant Marline Williams was sworn and testified. Claimant testified that she came into CDOC custody on September 26, 2006. She was not in custody prior to this time and was not in custody during the applicable time of the Montez Settlement prior to August 27, 2003. Claimant further testified that her injury occurred in 2004 prior to her coming into custody and after the date of the Montez settlement. By Claimant's own testimony, she cannot qualify to be a member of the Montez class. 3. Based upon Claimant not qualifying to be a member of the Montez class, her claim must be dismissed. IT IS HEREBY ORDERED that this claim be dismissed.

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SIGNED this 27th day of January, 2009 BY THE COURT: /s/ Richard C. Davidson ____________________________________ Richard C. Davidson, Special Master

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