Opinion
Civil Action No. 92-CV-870-JLK Claim Number: 02-742
12-12-2011
JESSE (JESUS) MONTEZ, et al., Plaintiffs, v. BILL OWENS, et al., Defendants.
Category II
Claimant: Michael Milligan, #42327
Address of Claimant: CTCF, P.O. Box 1010, Canon City, CO 81215-1010
ORDER OF SPECIAL MASTER
THIS MATTER comes before the Special Master on the formal complaint of Claimant. Doc. #5217. Claimant alleges that he has been and is being retaliated against by DOC. The document will be treated as a new claim or motion under Article XXXII of the Remedial Plan.
Claimant previously filed a claim pursuant to Article XXXII of the Remedial Plan. That claim was denied on May 18, 2007, as Claimant failed to establish that he was the victim of discrimination prohibited by the ADA. Claimant has pursued his claim rights under Article XXXII of the Remedial Plan.
Judge Kane ruled on March 23, 2010 that the Remedial Plan does not provide any basis for accepting claims or motions from inmates who were not disabled on or before August 27, 2003 and the victim of discrimination under the ADA on or before that date. Claimant has been provided copy of that order. The Special Masters will refer this matter to class counsel pursuant to McNeil v. Guthrie, 945 F.2d 1163 (10th Cir. 1991).
Claimant has filed his own lawsuit with the Court. That is the remedy he must pursue at this time. There is no jurisdiction to adjudicate either a new claim or a pro se motion in this case.
IT IS HEREBY ORDERED that the letter of Michael Milligan, being treated as a new claim or pro se motion, is dismissed; and
IT IS FURTHER ORDERED that a copy of the formal complaint 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 January 24, 2012.
BY THE COURT:
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Richard M. Borchers
Special Master