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Montez v. Owens

United States District Court, D. Colorado
May 7, 2008
Civil Action No. 92-cv-00870-EWN (D. Colo. May. 7, 2008)

Opinion

Civil Action No. 92-cv-00870-EWN.

May 7, 2008


ORDER


This matter is before the court on Claimant, James P. Wylie's various motions and Objections to the Final Order of Special Master. In a lengthy and well considered ruling, the Special Master detailed the claimant's medical condition as well as a number of other factors that relate to the claimant's visual perception and other problems. The Special Master found that Mr. Wylie was entitled to a pair of filtered glasses to help with his vision problems. The Special Master further found that the claimant was not entitled to a monetary award.

Mr. Wylie subsequently filed three documents. First, I will consider the document entitled "Rule 53" (doc. #3244), filed March 3, 2008, which appears to be a request to file an objection to the final order as provided for by Rule 53(g)(2) of the Federal Rules of Civil Procedure. That Motion is GRANTED as Mr. Wylie is entitled to object.

The next document (doc. #3325), filed April 1, 2008 is entitled "Motion to Appeal in Part and Clarification of Final Order of Special Master". While the document purports to be a motion to appeal, it is, actually a detailed objection, and will be considered as such. I have reviewed the objection and its attachments. The objection is OVERRULED.

Last, Mr. Wylie filed a Motion for Oral Argument (doc. #3376), filed May 2, 2008. That motion for oral argument is DENIED.

The Final Order of Special Master (doc. #3156), and specifically the finding that claimant is entitled to filtered glasses to correct his Scotopic Sensitivity Syndrome (SSS), is AFFIRMED.

Service of this order shall be made via NEF, with standard mailing to Mr. Wylie.


Summaries of

Montez v. Owens

United States District Court, D. Colorado
May 7, 2008
Civil Action No. 92-cv-00870-EWN (D. Colo. May. 7, 2008)
Case details for

Montez v. Owens

Case Details

Full title:JESSE MONTEZ, et al. Plaintiffs, as representatives of themselves and all…

Court:United States District Court, D. Colorado

Date published: May 7, 2008

Citations

Civil Action No. 92-cv-00870-EWN (D. Colo. May. 7, 2008)