Montez, et al v. Romer, et al

Filing 4478

FINAL ORDER OF SPECIAL MASTER Re: Claimant Michael Collins (Claim No. 03-391). The claim 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 pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 08/16/2010, by Special Master Richard M. Borchers on 04/23/2010. (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 RITTER, et al. Defendants. ______________________________________________________________________________ Claim Number 03-391 Category: III Claimant: Michael Collins, #101218 Address of Claimant: c/o Charlie Feder, Sherman Office, 745 Sherman Street, Denver, CO 80203 ______________________________________________________________________________ FINAL ORDER OF SPECIAL MASTER ______________________________________________________________________________ THIS MATTER comes before the Special Master on his own motion. Claimant filed a claim pursuant to Article XXXII of the Remedial Plan. That claim was dismissed. Claimant has filed several documents over the past few months. He requested individual relief and assistance. Many of the documents related to his criminal conviction. All documents have been held in abeyance and have been treated as motions for relief. Judge Kane ruled on March 23, 2010 that the Remedial Plan does not provide any basis for accepting claims or motions 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 additional claim for damages or file any motions for relief 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 Michael Collins 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 23rd day of April, 2010. BY THE COURT: /s/ Richard M. Borchers ________________________________________ Richard M. Borchers Special Master