Montez, et al v. Romer, et al

Filing 3847

ORDER OF DISMISSAL OF SPECIAL MASTER re: Claimant Robert Blankenship (Claim No. X-337). The case of claimant is dismissed as he as failed to file a damage claim form. Claimant and Defendants may file an objection to this Order on or before 05/11/09, by Special Master Richard M. Borchers on 03/06/09. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 92-CV-870-CMA JESSE MONTEZ, et al. Plaintiffs, -vs.BILL OWENS, et al. Defendants. ______________________________________________________________________________ Claim Number X-337 Category: Untimely Filed Claim Claimant: Robert Blankenship, #52475 Address of Claimant: FLCF, P.O. Box 1000, Ft. Lyon, CO 81038-1000 ______________________________________________________________________________ ORDER OF DISMISSAL OF SPECIAL MASTER ______________________________________________________________________________ THIS MATTER came before the Special Master on the letter of Claimant. In the letter, Claimant alleged that he had been the victim of discrimination while in DOC custody in the past. Claimant had not filed a damage claim. A damage claim form was provided to him. He was granted up to and including March 2, 2009 in which to file his claim form. Though granted time in which to file a claim, Claimant has failed to file his damage claim form. This case was commenced in 1992 under the Americans with Disabilities Act and Rehabilitation Act. The general allegations were that DOC had many inmates who were disabled and who were being discriminated against because of those disabilities. On August 27, 2003, Judge Nottingham approved the Remedial Plan. That document is the written settlement agreement between counsel for the class and Defendants. Judge Nottingham held a fairness hearing and then approved the settlement. Article XXXII of the Remedial Plan provides for a claim process for individuals who were in DOC custody on or before August 27, 2003 and were the victims of discrimination prohibited by the ADA and Rehabilitation Act on or before that date. Claimant has not filed a damage claim form. Without such a form, nothing further can be done for Claimant. IT IS HEREBY ORDERED that the case of Robert Blankenship is dismissed, as he has failed to file a damage claim form; and

IT IS FURTHER ORDERED that Claimant and Defendants are advised that they may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2), but said objection must be filed with the Clerk of the United States District Court, 901 19th Street, Denver, CO 80294 on or before May 11, 2009. SIGNED this 6th day of March, 2009. BY THE COURT: /s/ Richard M. Borchers ______________________________________ Richard M. Borchers Special Master