Montez, et al v. Romer, et al

Filing 4226

REPORT OF SPECIAL MASTERS. ORDER that this Report be filed with the Court reflecting the status of open claims that are pending before the Special Masters, by Special Master Richard M. Borchers on 12/17/2009. (Re: 3741 Recommendation and 4283 Compliance Hearing) (wjc, ) Modified on 2/9/2010 to add linkages (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 RITTER, et al. Defendants. ______________________________________________________________________________ REPORT OF SPECIAL MASTERS ______________________________________________________________________________ The Special Masters do hereby submit this Report concerning claims that remain open as of December 16, 2009. These claims have been processed pursuant to Paragraph XXXII of the Remedial Plan and pursuant to the order of April 4, 2008 expanding the duties of the Special Masters. This report should be read in conjunction with the previous report submitted on June 16, 2009. Since that report was filed, an additional 18 claims have been filed. Ninety claims remain in abeyance pending resolution of the jurisdictional issue of whether individual inmates may file pro se motions for relief or additional claims for alleged discrimination that occurred after August 27, 2003. This report indicates which claim files remain open and why that is the case. Claims Scheduled for Hearing: 07-473 James F. Sorenson #93362 Hearing: February 26, 2010 The order for the hearing was issued on August 28, 2009. Claim predates the procedure ordered by Judge Kane on September 1, 2009. Mary Ann Fernandez #57763 Hearing: February 26, 2010 The order for the hearing was issued on August 28, 2009. Claim predates the procedure ordered by Judge Kane on September 1, 2009. Frankie L. McConnell #63672 Hearing: February 25, 2010 Defendants granted opportunity to file objection to claim. No objection filed, with cutoff date of October 26, 2009. Gregory D. Thomas #48283 Claimed filed on August 13, 2009. Hearing: February 25, 2010

03-474

03-475

03-476

Claim predates the procedure ordered by Judge Kane on September 1, 2009. 03-477 Larry Dean Jones #68661 Hearing: February 26, 2010 Defendants filed objection to claim on October 2, 2009 Class counsel filed reply on October 26, 2009 Dispute of fact exists concerning whether CCCF provided notice of the claim process to Claimant and others. Issue of notice will be dealt with at the hearing.

Claims to be Processed: X-379 Daniel A. Hartley #67103 Awaiting responses of Claimant and Class Counsel to Defendants' Objection Responses due on or before December 28, 2009 Alan Mitchel Maxfield #137,692 Order of dismissal as to Article XXXII claim to be entered sua sponte on December 18, 2009. Claimant came to DOC after August 27, 2003. Case remains in abeyance concerning jurisdictional issue. Mark Zamora #122207 Claim process began on September 16, 2009. Awaiting additional information from Claimant. Claim reflects incarceration in DOC on December 6, 2008. Gregory J. Deegan #124948 Defendants granted up to December 21, 2009 in which to file objection. Eldridge Griffin #85791 Defendants did not file objection. Awaiting information on parole status of Claimant. Hearing to be set. James M. Spencer #141306 Claimant has not filed a claim, but only sent in a letter. Claim form has been provided to Claimant, and deadline extended to December 28, 2009 in which to file claim.

X-380

X-382

X-384 X-385

X-386

Claims Remaining Opening and in Abeyance Pending Resolution of Jurisdictional Issue: X-166 Paul Deschaine #124164 Letter held in abeyance. Came into DOC after August 27, 2003.

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X-228

Julius C. Herrera #119727 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Reynaldo Villa #132385 Letter held in abeyance. Claimant came into DOC after August, 2003. Robert J. Landrum #124611 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Dean Hackborn #130945 Claim held in abeyance. Came into DOC after August 27, 2003. James R. Hunt #131036 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Donald Thurston #126241 Claim held in abeyance. Came into DOC after August 27, 2003. David Watts #140908 Claim held in abeyance. Came into DOC after August 27, 2003. Edward W. Spohr #140832 Case held in abeyance. Came to DOC after August 27, 2003. Charles Russell #124060 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. David M. Aragon #142535 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Marc C. Trevithick #138024 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Harold T. Maddox #96046 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.

X-264 X-283

X-285 X-292

X­302 X-311 X-316 X-320

X-333

X-335

X-342

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X-344

Fidel Ramos #41238 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Norman Weigand #58767 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Brian Stroud #117960 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Fermen Arguello #133019 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. David Scott Key #137585 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Robert H. Peek #138634 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. James M. Bertolo #142464 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Lora J. Wilson #146350 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Cora E. Ferales #66331 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Ronnie D. Flohr, Jr. #53894 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue. Patricia L. Larkins #105263 Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.

X-345

X-357

X-359

X-362

X-367

X-370

X-373

X-374

X-376

X-377

4

X-381

Thomas D. Tillery #132387 Defendants failed to file objection. Claim dismissed sua sponte, as Claimant came into DOC in September, 2006 John DeBella #133881 No claim ever filed. Dismissed on November 21, 2009. Emory Mello #131664 Claim held in abeyance. Claimant came into DOC after August, 2003. Matthew T. Redmon #140637 Claim held in abeyance. Claimant came into DOC after August, 2003. Neil F. Creeden #127412 Claim held in abeyance. Claimant came into DOC after August, 2003. Joseph D. Kyger #138283 Claim held in abeyance. Claimant came into DOC after August, 2003. Ronald Cordova #57350 Systemic issues raised and held in abeyance. Michael W. Fleming #100942 Issues raised concerning post-August, 2003 conduct of DOC.

X-383 C-006 C-007 C-011 C-012 C-014 C-016

Adjudicated Claims that have been Re-opened and Remain in Abeyance: All of these claims have been adjudicated. The claimants have requested relief for something that has occurred since August 27, 2003. All of the requests for action or relief remain in abeyance pending a determination of the jurisdictional issue. 01-050 01-076 01-197 02-009 02-085 02-128 02-271 02-299 02-468 02-564 02-682 02-718 02-792 Robert Juarez Lawrence Fitzgerald Daniel Martinez Robert Rodriguez Alonzo Moore Stephen Moore Michael Windsor Ross Alley George C. McDaniel Nick Smith-Bey Jerry D. Grady Stephen L. Grace James B. Garnes 5 #61104 #66345 #120983 #48645 #100911 #57381 #64366 #84044 #90095 #98861 #93047 #57349 #88322

02-800 03-014 03-018 03-037 03-048 03-115 03-129 03-140 03-157 03-173 03-191 03-194 03-211 03-215 03-220 03-248 03-262 03-272 03-276 03-283 03-297 03-308 03-328 03-334 03-335 03-344 03-377 03-391 03-406 03-420 03-427 03-430 03-433 03-438 03-439 03-441 03-445 03-450 03-453 03-459 03-463 03-468 03-469 03-471

Kevin L. McClearen James Smith Richard Gonzales James Martinez Toney Brown Michael McCann Jill Coit Shawn M. Winkler Thomas Snyder Wellman Gibson John Derwin Hector Martinez-Jimenez Matthew Mounts Gordon Reuell Lawrence Beeman Juan Maldonado Edward Corbin Roy Jack Pollard Michael K. Tivis Albino Sanchez-Garcia Raymond Price Randy Kailey Henry R. Tafoya Marty Bueno Keith Schwinaman Jay Bailey Ronald Cordova Michael Collins Charles Mosby Santos Romero Angela Thomas James Wylie Debra Gillon Albert J. Abeyta Cleveland Flakes Ethel White Raymond Goodloe Duane Manzanares Roy Melanson John Nasious Dean Gates Gary L. Arellano Michael J. Haley Hobert G. Stephens 6

#86635 #112593 #46594 #56997 #61215 #112458 #86530 #48319 #57207 #74384 #68798 #106871 #66276 #80544 #42894 #81249 #114258 #94894 #52378 #83139 #66072 #50247 #40786 #50565 #105240 #103284 #57350 #101218 #63611 #48563 #91631 #114060 #60340 #119057 #45885 #68138 #51437 #66183 #117654 #98775 #118740 #69948 #105526 #86084

03-472 Summary:

Gilbert M. Casias

#90539

Claims set for Hearing: 5 Claims pending determination of status and viability: 6 Claims held in abeyance or re-opened: 32 Claims re-opened but previously adjudicated on merits. Held in abeyance: 58 ____ TOTAL: 101

IT IS HEREBY ORDERED that this Report be filed with the Court reflecting the status of open claims that are pending before the Special Masters. SIGNED this 17th day of December, 2009. BY THE COURT: /s/ Richard M. Borchers ________________________________________ Richard M. Borchers Special Master Bruce D. Pringle Special Master Richard C. Davidson Special Master

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CERTIFICATE OF MAILING I hereby certify that I have mailed a copy of the foregoing Report of Special Master this 17th day of December, 2009 to the following: King & Greisen, LLP 1670 York Street Denver, CO 80206 Mr. James Quinn Office of the Attorney General 1525 Sherman Street Denver, CO 80203 /s/ Richard M. Borchers ___________________________________

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