Montez, et al v. Romer, et al

Filing 5387

ORDER of Special Master as to Miguel A. Rodriguez Cruz, #X-449, by Special Master Richard M. Borchers on 7/1/13. (dkals, )

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 X-449
Category: Untimely Filed Claim
Claimant: Miguel A. Rodriguez Cruz, #145031
Address of Claimant: CTCF, P.O. Box 1010, Canon City, CO 80215-1010
______________________________________________________________________________
ORDER OF DISMISSAL OF SPECIAL MASTER
______________________________________________________________________________
THIS MATTER comes before the Special Master on the letter of Claimant that was received
on June 27, 2013. Claimant alleges that he has been denied medical appliances and repair of his
prosthetic device. The letter will be treated as a new claim and motionas under Article XXXII of the
Remedial Plan.
Claimant came into DOC custody in 2009. Claimant filed previously a claim pursuant to
Article XXXII of the Remedial Plan. That claim was denied, as Claimant came into DOC custody
after August 27, 2003.
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. 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. 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.
Claimant came into DOC custody well after August 27, 2003.
Claimant may not file pro se motions in this case. Claimant may contact class counsel for

help. Claimant has the right to pursue his own lawsuit under the ADA in this Court. Claimant may
not pursue any individual help through Article XXXII or any other section of the Remedial Plan.
IT IS HEREBY ORDERED that the letter of Miguel A. Rodriguez Cruz, being treated as new
claim and motion, is dismissed; and
IT IS FURTHER ORDERED that a copy of Claimant’s letter 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 26, 2013
SIGNED this 1st day of July, 2013.
BY THE COURT:
/s/ Richard M. Borchers
________________________________________
Richard M. Borchers
Special Master