Montez, et al v. Romer, et al

Filing 4553

ORDER OF SPECIAL MASTER Re: Claimant James R. Hunt (Claim No. X-292). The letter of Claimant being treated as a new claim, is dismissed. A copy of the file maintained by the Special Masters will be provided to class counsel for such action as may b e 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 05/07/2010. (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 X-292 Category: Untimely Filed Claim Claimant: James R. Hunt, #131036 Address of Claimant: FLCF, P.O. Box 1000, Ft. Lyon, CO 81038-1000 ______________________________________________________________________________ ORDER OF SPECIAL MASTER ______________________________________________________________________________ THIS MATTER comes before the Special Master on the letter of Claimant, dated April 12, 2010. In that letter, Claimant requests to file a new claim pursuant to Article XXXII of the Remedial Plan. Claimant previously filed a claim pursuant to Article XXXII of the Remedial Plan that was dismissed due to the fact that Claimant came into DOC custody after August 27, 2003. The claim remained open, as an issue had arisen concerning the jurisdiction of the Special Masters to accept pro se claims for alleged discrimination occurring 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 in DOC custody on or before August 27, 2003. A copy of that order was 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 letter of James R. Hunt, being treated as a new claim, is dismissed; 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 7th day of May, 2010. BY THE COURT: /s/ Richard M. Borchers ________________________________________ Richard M. Borchers Special Master