Montez, et al v. Romer, et al

Filing 5343

ORDER of Special Master re: letter by Lester Nortonsen, #03-180, by Special Master Richard M. Borchers on 1/16/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 92-CV-870-CMA
JESSE (JESUS) MONTEZ, et al.,
Plaintiffs,
-vs.JOHN HICKENLOOPER, et al.,
Defendants.
______________________________________________________________________________
Claim Number: 03-180
Category III
Claimant: Lester Nortonsen, #83398
Address of Claimant: CSP, P.O. Box 777, Canon City, CO 81215-0777
______________________________________________________________________________
ORDER OF SPECIAL MASTER
______________________________________________________________________________
THIS MATTER comes before the Special Master on Claimant’s letter of January 9, 2013.
In his letter, Claimant requests issuance of a court order directing medical care be provided to him.
This letter will be treated as a motion.
Claimant filed a claim pursuant to Article XXXII of the Remedial Plan. Claimant alleged that
he was vision impaired, hearing impaired, and mobility impaired. His claim was set for hearing at
the Limon Correctional Facility on December 4, 2007. At the hearing, Claimant testified in his own
behalf. The claim was taken under advisement by the Special Master.
On March 21, 2008, the final order of the Special Master was issued. The Special Master
found that the evidence sustained that Claimant was mobility impaired on or before August 27, 2003.
The evidence did not sustain that Claimant was either vision or hearing impaired. Most importantly,
the Special Master did not find that Claimant had been the victim of discrimination in violation of
the ADA. The claim was dismissed.
Since the claim was denied on March 21, 2008, a number of things have changed. Judge
Kane set a final date in 2010 for the filing of claims and pro se motions. Judge Kane ruled further
that the Special Master had limited jurisdiction over motions alleging that DOC officials were not
complying with the final orders of the Special Master. These motions were to be heard on a report
and recommendation basis. Finally, on September 11, 2012 Judge Kane issued an order finding that

Defendants had “substantially complied” with Remedial Plan. The case has now shifted to the
monitoring phase. The case is scheduled to be dismissed on October 1, 2014.
The Special Master has no jurisdiction either under the Remedial Plan or by statute to do
anything. Claimant’s claim was dismissed almost five years ago. The claim was dismissed for failure
to show that Claimant was the victim of discrimination in violation of the ADA. There was and is
no continuing jurisdiction over pro se motions.
Claimant’s remedy is to commence his own lawsuit under the ADA. Claimant’s request for
relief cannot be considered due to a lack of jurisdiction.
IT IS HEREBY ORDERED that Claimant’s letter, being treated as a pro se motion, is denied
for lack of jurisdiction; 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 March 4, 2013.
SIGNED this 16th day of January, 2013.
BY THE COURT:
/s/ Richard M. Borchers
________________________________________
Richard M. Borchers
Special Master