Montez, et al v. Romer, et al

Filing 3967

ORDER OF SPECIAL MASTER re: Claimant John Nasious (Claim No. 03-459). The 3951 MOTION and attachments will be held in abeyance pending resolution of the jurisdictional issue, by Special Master Richard M. Borchers on 05/11/09. (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: 03-459 Category III Claimant: John Nasious, #98775 Address of Claimant: SCF, P.O. Box 6000, Sterling, CO 80751 ORDER OF SPECIAL MASTER THIS MATTER comes before the Special Master on Claimant's motion and documents (#3951) filed with the Court. Claimant is asking for relief from a COPD conviction and other relief from the Court. Claimant is seeking help concerning issues that have arisen recently. At the time of the issuance of this order, the controlling case law would require that this letter and attachments be forwarded to class counsel for action. McNeil v. Guthrie, 945 F.2d 1163 (10th Cir. 1991). Counsel for the class has argued that the Remedial Plan and the two subsequent stipulations allow claimants to seek individual relief, as Claimant is attempting to do with his letter. The jurisdictional issue has not been resolved, and no action can be taken on anything that has recently occurred. There is some question as to whether Claimant would be a member of the class. IT IS HEREBY ORDERED that the motion and attachments will be held in abeyance pending resolution of the jurisdictional issue. SIGNED this 11th day of May, 2009.

BY THE COURT: /s/ Richard M. Borchers _______________________________________ Richard M. Borchers Special Master

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