Gandy v. Colorado Department of Corrections
Colorado Court of Appeals
1Opinion of the Court
Opinion by
Judge CARPARELLL
1 1 Plaintiff, Robert D. Gandy, a Canadian citizen serving a life sentence, applied to the Colorado Department of Corrections (DOC) to be transferred to the Canadian penal system to serve the remainder of his sentence. DOC denied the application and Gandy sued, alleging, among other things, that the basis of DOC's denial was contrary to a federal treaty. The district court ruled that Gandy failed to state a claim for which relief could be granted, and dismissed the suit under C.RC.P. 12(b)(5). Gandy now appeals the district court's dismissal. We conclude that DOC…
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