Montez, et al v. Romer, et al

Filing 4064

ORDER OF DISMISSAL OF SPECIAL MASTER re: Kenneth Thunderbird (Claim No. X-347). The claim is dismissed for lack of jurisdiction, as Claimant has not filed a claim form. Claimant and Defendants are advised that they may file an objection to this Order on or before 09/21/2009, by Special Master Richard M. Borchers on 07/28/09. (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 X-347 Category: Untimely Filed Claim Claimant: Kenneth Thunderbird (Oregon #3525722) Address of Claimant: TRCI, 82911 Beach Access Road, Umatilla, Oregon 97882 ______________________________________________________________________________ ORDER OF DISMISSAL OF SPECIAL MASTER ______________________________________________________________________________ THIS MATTER came before the Special Master on the letter of Claimant. Review of the records indicated that Claimant had not filed a claim. It was noted that Claimant is in the custody of the Oregon Department of Corrections. Claimant was provided a claim form and information sheet. He was granted up to and including July 20, 2009 in which to file a claim, if he believed he met the criteria of Article XXXII of the Remedial Plan. Despite being given time to respond to the order, Claimant has not filed a claim form. There is no jurisdiction to do anything further than to close Claimant's file. IT IS HEREBY ORDERED that the claim of Kenneth Thunderbird is dismissed for lack of jurisdiction, as Claimant has not filed a 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 September 21, 2009. SIGNED this 28th day of July, 2009.

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