Montez v. RomerMontez v. Romer
The Special Masters do hereby submit this Report concerning claims that remain open as of December 16, 2009. These claims have been processed pursuant to Paragraph XXXII of the Remedial Plan and pursuant to the order of April 4, 2008 expanding the duties of the Special Masters. This report should be read in conjunction with the previous report submitted on June 16, 2009. Since that report was filed, an additional 18 claims have been filed.
Ninety claims remain in abeyance pending resolution of the jurisdictional issue of whether individual inmates may file pro se motions for relief or additional claims for alleged discrimination that occurred after August 27, 2003. This report indicates which claim files remain open and why that is the case.
Claims Scheduled for Hearing:
07-473 James F. Sorenson #93362 Hearing: February 26, 2010
The order for the hearing was issued on August 28, 2009.
Claim predates the procedure ordered by Judge Kane on September 1, 2009.
03-474 Mary Ann Fernandez #57763 Hearing: February 26, 2010
The order for the hearing was issued on August 28, 2009.
Claim predates the procedure ordered by Judge Kane on September 1, 2009.
03-475 Frankie L. McConnell #63672 Hearing: February 25, 2010
Defendants granted opportunity to file objection to claim. No objection filed, with cutoff date of October 26, 2009.
03-476 Gregory D. Thomas #48283 Hearing: February 25, 2010
Claimed filed on August 13, 2009.
03-477 Larry Dean Jones #68661 Hearing: February 26, 2010
Defendants filed objection to claim on October 2, 2009
Class counsel filed reply on October 26, 2009
Dispute of fact exists concerning whether CCCF provided notice of the claim process to Claimant and others. Issue of notice will be dealt with at the hearing.
Claims to be Processed:
X-379 Daniel A. Hartley #67103
Awaiting responses of Claimant and Class Counsel to Defendants’ Objection
Responses due on or before December 28, 2009
X-380 Alan Mitchel Maxfield #137,692
Order of dismissal as to Article XXXII claim to be entered sua sponte on December 18, 2009. Claimant came to DOC after August 27, 2003. Case remains in abeyance concerning jurisdictional issue.
X-382 Mark Zamora #122207
Claim process began on September 16, 2009. Awaiting additional information from Claimant. Claim reflects incarceration in DOC on December 6, 2008.
X-384 Gregory J. Deegan #124948
Defendants granted up to December 21, 2009 in which to file objection.
X-385 Eldridge Griffin #85791
Defendants did not file objection. Awaiting information on parole status of Claimant. Hearing to be set.
X-386 James M. Spencer #141306
Claimant has not filed a claim, but only sent in a letter. Claim form has been provided to Claimant, and deadline extended to December 28, 2009 in which to file claim.
Claims Remaining Opening and in Abeyance Pending Resolution of Jurisdictional Issue:
X-166 Paul Deschaine #124164
Letter held in abeyance. Came into DOC after August 27, 2003.
X-228 Julius C. Herrera #119727
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-264 Reynaldo Villa #132385
Letter held in abeyance. Claimant came into DOC after August, 2003.
X-283 Robert J. Landrum #124611
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-285 Dean Hackborn #130945
Claim held in abeyance. Came into DOC after August 27, 2003.
X-292 James R. Hunt #131036
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-302 Donald Thurston #126241
Claim held in abeyance. Came into DOC after August 27, 2003.
X-311 David Watts #140908
Claim held in abeyance. Came into DOC after August 27, 2003.
X-316 Edward W. Spohr #140832
Case held in abeyance. Came to DOC after August 27, 2003.
X-320 Charles Russell #124060
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-333 David M. Aragon #142535
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-335 Marc C. Trevithick #138024
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-342 Harold T. Maddox #96046
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-344 Fidel Ramos #41238
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-345 Norman Weigand #58767
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-357 Brian Stroud #117960
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-359 Fermen Arguello #133019
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-362 David Scott Key #137585
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-367 Robert H. Peek #138634
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-370 James M. Bertolo #142464
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-373 Lora J. Wilson #146350
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-374 Cora E. Ferales #66331
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-376 Ronnie D. Flohr, Jr. #53894
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-377 Patricia L. Larkins #105263
Article XXXII claim dismissed. Case remains in abeyance pending resolution of jurisdictional issue.
X-381 Thomas D. Tillery #132387
Defendants failed to file objection. Claim dismissed sua sponte, as Claimant came into DOC in September, 2006
X-383 John DeBella #133881
No claim ever filed. Dismissed on November 21, 2009.
C-006 Emory Mello #131664
Claim held in abeyance. Claimant came into DOC after August, 2003.
C-007 Matthew T. Redmon #140637
Claim held in abeyance. Claimant came into DOC after August, 2003.
C-011 Neil F. Creeden #127412
Claim held in abeyance. Claimant came into DOC after August, 2003.
C-012 Joseph D. Kyger #138283
Claim held in abeyance. Claimant came into DOC after August, 2003.
C-014 Ronald Cordova #57350
Systemic issues raised and held in abeyance.
C-016 Michael W. Fleming #100942
Issues raised concerning post-August, 2003 conduct of DOC.
Adjudicated Claims that have been Re-opened and Remain in Abeyance:
All of these claims have been adjudicated. The claimants have requested relief for something that has occurred since August 27, 2003. All of the requests for action or relief remain in abeyance pending a determination of the jurisdictional issue.
01-050 Robert Juarez #61104
01-076 Lawrence Fitzgerald #66345
01-197 Daniel Martinez #120983
02-009 Robert Rodriguez #48645
02-085 Alonzo Moore #100911
02-128 Stephen Moore #57381
02-271 Michael Windsor #64366
02-299 Ross Alley #84044
02-468 George C. McDaniel #90095
02-564 Nick Smith-Bey #98861
02-682 Jerry D. Grady #93047
02-718 Stephen L. Grace #57349
02-792 James B. Garnes #88322
03-014 James Smith #112593
03-018 Richard Gonzales #46594
03-037 James Martinez #56997
03-048 Toney Brown #61215
03-115 Michael McCann #112458
03-129 Jill Coit #86530
03-140 Shawn M. Winkler #48319
03-157 Thomas Snyder #57207
03-173 Wellman Gibson #74384
03-191 John Derwin #68798
03-194 Hector Martinez-Jimenez #106871
03-211 Matthew Mounts #66276
03-215 Gordon Reuell #80544
03-220 Lawrence Beeman #42894
03-248 Juan Maldonado #81249
03-262 Edward Corbin #114258
03-272 Roy Jack Pollard #94894
03-276 Michael K. Tivis #52378
03-283 Albino Sanchez-Garcia #83139
03-297 Raymond Price #66072
03-308 Randy Kailey #50247
03-328 Henry R. Tafoya #40786
03-334 Marty Bueno #50565
03-335 Keith Schwinaman #105240
03-344 Jay Bailey #103284
03-377 Ronald Cordova #57350
03-391 Michael Collins #101218
03-406 Charles Mosby #63611
03-420 Santos Romero #48563
03-427 Angela Thomas #91631
03-430 James Wylie #114060
03-433 Debra Gillon #60340
03-438 Albert J. Abeyta #119057
03-439 Cleveland Flakes #45885
03-441 Ethel White #68138
03-445 Raymond Goodloe #51437
03-450 Duane Manzanares #66183
03-453 Roy Melanson #117654
03-459 John Nasious #98775
03-463 Dean Gates #118740
03-468 Gary L. Arellano #69948
03-469 Michael J. Haley #105526
03-471 Hobert G. Stephens #86084
Summary:
Claims set for Hearing: 5
Claims pending determination of status and viability: 6
Claims held in abeyance or re-opened: 32
Claims re-opened but previously adjudicated on merits. Held in abeyance: 58
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TOTAL: 101
IT IS HEREBY ORDERED that this Report be filed with the Court reflecting the status of open claims that are pending before the Special Masters.
SIGNED this 17th day of December, 2009.
BY THE COURT:
/s/ Richard M. Borchers
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Richard M. Borchers
Special Master
Bruce D. Pringle
Special Master
Richard C. Davidson
Special Master
I hereby certify that I have mailed a copy of the foregoing Report of Special Master this 17th day of December, 2009 to the following:
King & Greisen, LLP
1670 York Street
Denver, CO 80206
Mr. James Quinn
Office of the Attorney General
1525 Sherman Street
Denver, CO 80203
/s/ Richard M. Borchers
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