Montez, et al v. Romer, et al

Filing 4421

FINAL ORDER OF SPECIAL MASTER Re: Claimant Shawn M. Winkler (Claim No. 03-140). The claim of Shawn M. Winkler is dismissed in its entirety. A copy of the file maintained by the Special Masters will be provided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised that they may file an objection to this Order on or before 08/16/2010, by Special Master Richard M. Borchers on 04/09/2010. (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 03-140 Category III Claimant: Shawn M. Winkler, #48319 Address of Claimant: ACC, P.O. Box 300, Canon City, CO 81215-300 ______________________________________________________________________________ FINAL ORDER OF SPECIAL MASTER ______________________________________________________________________________ THIS MATTER comes before the Special Master on his own motion. Claimant previously filed a claim alleging that he was disabled. That claim was denied on October 4, 2005. Claimant has filed additional pleadings concerning his claim. The additional pleadings have been held in abeyance pending a ruling on the jurisdictional issue involving pro se claims and motions being filed for alleged discrimination after August 27, 2003. Judge Kane ruled on March 23, 2010 that the Remedial Plan does not provide any basis for accepting claims from inmates who were not disabled and the victims of discrimination on or before August 27, 2003. A copy of that order will be provided to Claimant. The Special Masters will refer this matter to class counsel pursuant to McNeil v. Guthrie, 945 F.2d 1163 (10th Cir. 1991). Claimant does retain the right to file his own lawsuit with the Court. He may not pursue any claim for damages in this case. The Special Master has no discretion under Judge Kane's order and must dismiss the claim. IT IS HEREBY ORDERED that the claim of Shawn M. Winkler is dismissed in its entirety; and IT IS FURTHER ORDERED that a copy of the file maintained by the Special Masters will be provided to class counsel for such action as may be deemed appropriate; and

IT IS FURTHER ORDERED that Claimant, Defendants and class counsel 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 August 16, 2010. SIGNED this 9th day of April, 2010. BY THE COURT: /s/ Richard M. Borchers ________________________________________ Richard M. Borchers Special Master