Montez, et al v. Romer, et al

Filing 4061

ORDER OF SPECIAL MASTER re: Claimant Kevin L. McClearen (Claim No. 02-800). The Claimant's 4037 Letter will be held in abeyance pending resolution of the jurisdictional issue before the assigned District Judge, by Special Master Richard M. Borchers on 07/30/09. (wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 92-cv-870-JLK JESSE MONTEZ, et al. Plaintiffs, -vs.BILL OWENS, et al. Defendants. ______________________________________________________________________________ Claim Number 02-800 Category: II Claimant: Kevin L. McClearen, #86635 Address of Claimant: CTCF, P.O. Box 1010, Canon City, CO 81215-1010 ______________________________________________________________________________ ORDER OF SPECIAL MASTER ______________________________________________________________________________ THIS MATTER comes before the Special Master on the letter to Judge Kane (#4037). The letter requests help in obtaining compliance with the Remedial Plan. Claimant previously filed a damage claim pursuant to Article XXXII of the Remedial Plan. That claim was denied in September 2006. Claimant is requesting relief for something that is presently occurring. The question of whether the Court has jurisdiction over individual requests for relief is pending before the District Judge. The Special Masters have issued a report and recommendation. Class counsel and Defendants have stated their positions on this jurisdictional question. The District Judge will issue an order resolving the issue at some point. Until the jurisdictional issue is resolved, nothing further can done on Claimant's letter, as it requests relief for something that is presently occurring. IT IS HEREBY ORDERED that Claimant's letter will be held in abeyance pending resolution of the jurisdictional issue before the assigned District Judge. SIGNED this 30th day of July, 2009.

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