Montez, et al v. Romer, et al
Filing
5388
ORDER Adopting and Affirming 5100 Report and Recommendations as to Raymond Goodloe, #03-445, by Judge Christine M. Arguello on 7/3/13.(dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 92-cv-00870-CMA
JESSE MONTEZ, et al.
Plaintiffs,
v.
JOHN HICKENLOOPER, et al.
Defendants.
ORDER ADOPTING JULY 1, 2011, REPORT AND RECOMMENDATION
OF THE SPECIAL MASTER
This matter is before the Court on the July 1, 2011 Report and Recommendation
of the Special Master regarding Claimant Raymond Goodloe (Doc. # 5100), which the
Special Master issued after considering evidence and testimony presented in a June 13,
2011 hearing (id. at 1). In the Report and Recommendation, the Special Master
recommends that the Court allow Claimant to purchase soft-soled shoes and an ankle
brace at his own expense. (Id. at 5.) On July 15, 2011, Claimant filed an Objection to
the Report and Recommendation (Doc. # 5109), which the Special Master treated as a
motion to amend the Report and Recommendation, and which he denied in an Order
also filed on July 15, 2011. (Doc. # 5120.) A few months later, Claimant filed another
letter objecting to the Special Master’s Report and Recommendation. (Doc. # 5193.)
In the letter, Claimant contends that the Special Master erred in recommending that
Claimant purchase the equipment at his own expense. (Doc. # 5193 at 2.) Claimant
further states he cannot afford the equipment and that, during the June 2011 hearing,
he specifically requested the Special Master to order the Department of Corrections
(“DOC”) to compensate him for the cost. (Doc. ## 5109 at 2 (stating that he had
requested that DOC be ordered to pay him $2,000); 5193 at 2 (stating that he had
requested that DOC be ordered to pay him $3,000).) However, in the July 15, 2011,
Order, the Special Master clarified that his “recommendation was premised on the
understanding that Claimant would be able to secure outside funds for use in the
purchase of footwear.” (Doc. # 5120.) Having now considered all filings related to this
matter, the Court adopts and affirms the Report and Recommendation. (Doc. # 5100.)
Accordingly, it is ORDERED that the Report and Recommendation of the Special
Master (Doc. # 5100) is AFFIRMED and ADOPTED as an Order of this Court.
DATED: July
03
, 2013
BY THE COURT:
________________________________
CHRISTINE M. ARGUELLO
United States District Judge
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