Montez, et al v. Romer, et al

Filing 5255

ORDER of Special Master re: Claim No. 03-183. Claimant Kevin Mark Bretz's letter received 3/20/12 is treated as a motion and is denied for lack of jurisdiction. Objections may be filed to this order on or before 4/26/12, by Special Master Richard M. Borchers on 3/26/12. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 92-CV-870 - JLK
JESSE MONTEZ, et al.,
Plaintiffs,
-vs.JOHN HICKENLOOPER, et al.,
Defendants.
______________________________________________________________________________
Claim Number: 03-138
Category III
Claimant: Kevin Mark Bretz, #46584
Address of Claimant: SCF, P.O. Box 6000, Sterling, CO 80751-6000
______________________________________________________________________________
ORDER OF SPECIAL MASTER
______________________________________________________________________________
THIS MATTER comes before the Special Master on Claimant’s undated letter that was
received on March 20, 2012. Also received was a pleading entitled “ Contempt of Court.” Claimant
has alleged that he had a serious heart attack on January 23, 2012. He has alleged inappropriate
destruction of his personal property. He seeks relief in the form of damages.
In the order of December 19, 2011, the Special Master advised Claimant that no jurisdiction
existed through this case to rectify the seizure of personal property by DOC staff. An order was
issued maintaining the status quo until March 12, 2012. Claimant was advised that he would have
to file a separate lawsuit to adjudicate the constitutional issues that exist. The Montez case is nearing
an end, and Judge Kane has ruled that individual pro se motions can no longer be filed. What
remains is a determination of whether Defendants completed those items agreed to in the Remedial
Plan.
Claimant was advised to file a separate lawsuit concerning his personal property and to seek
a temporary restraining order through the case. It appears that Claimant has not done so. The stay
order issued by the Special Master expired March 12, 2012. Claimant’s remedy is to commence a
new law suit asking for damages. The Special Master and Court have no jurisdiction over the
personnel property issue in this case.
IT IS HEREBY ORDERED that Claimant’s letter, being treated as a motion, is denied, for
lack of jurisdiction; and

IT IS FURTHER ORDERED that Claimant’s motion is denied for lack of jurisdiction; and
IT IS FURTHER ORDERED that the previous order of December 7, 2011 which directed
Defendants to maintain the seized property expired on March 12, 2012; and
IT IS FURTHER ORDERED that Claimant and Defendants 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 April 26, 2012.
SIGNED this 26th day of March 26, 2012.
BY THE COURT:
Richard M. Borchers
________________________________________
Richard M. Borchers
Special Master

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