Montez, et al v. Romer, et al

Filing 4888

ORDER OF DISMISSAL OF SPECIAL MASTER Re: Claimant Paul Crespin (Claim No. X-535). The letter of Paul Crespin, being treated as a new claim, is dismissed, as the claim was not filed on or before 04/30/2010. A copy of Claimant's claim will be pro vided to class counsel for such action as may be deemed appropriate. Claimant, Defendants and class counsel are advised thatthey may file an objection to this Order pursuant to Federal Rule of Civil Procedure 53(g)(2) on or before 12/20/2010, by Special Master Richard M. Borchers on 10/20/2010. (wjc, )

-OES Montez, et al v. Romer, et al

Doc. 4888

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 X-535 Category: Untimely Filed Claim Claimant: Paul Crespin, #69474 Address of Claimant: BVCF, P.O. Box 2017, Buena Vista, CO 81211 ______________________________________________________________________________ ORDER OF DISMISSAL OF SPECIAL MASTER ______________________________________________________________________________ THIS MATTER comes before the Special Master on the letter of Paul Crespin. The letter is dated October 3, 2010 and requests assistance in obtaining ADA accommodations. The Special Masters were appointed to adjudicate claims made pursuant to the Remedial Plan approved by Judge Nottingham. The Remedial Plan is the settlement document that established the claim process. Claimant has not filed a claim previously. Judge Kane issued an order on March 23, 2010. That order established some limitations on the claims process established by Article XXXII of the Remedial Plan. A copy of that order will be provided to Claimant. Judge Kane limited claims to the following individuals: (1) inmates who were in DOC custody on or before August 27, 2003; (2) inmates who were disabled, as defined by the Remedial Plan, on or before August 27, 2003; and (3) inmates who were the victims of discrimination on or before August 27, 2003. Unless each of these three requirements is established, a claimant cannot prevail on his claim. Judge Kane also ruled that all claims had to be filed on or before April 30, 2010. Claimant did not file a claim on or before that date. The Special Masters have no jurisdiction over any letter or claim of Claimant, as he did not file a claim within the time limit established by Judge Kane's order.

Dockets.Justia.com

IT IS HEREBY ORDERED that the letter of Paul Crespin, being treated as a new claim, is dismissed, as the claim was not filed on or before April 30, 2010; and IT IS FURTHER ORDERED that a copy of Claimant's claim 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 December 20, 2010. SIGNED this 20th day of October, 2010. BY THE COURT: /s/ Richard M. Borchers ________________________________________ Richard M. Borchers Special Master