Dewey William Carson v. Executive Director, Department of Parole

Appellant-plaintiff appeals from an order of the trial court dismissing his complaint for failure to state a claim upon which relief can be granted.

While an inmate of Leavenworth Penitentiary, serving a federal sentence, he brought this action to prevent a detainer being filed against him by defendant, Executive Director of the Colorado Department of Parole, for alleged violation of a previous state parole.

It is first argued that filing of the detainer is an impermissible encroachment upon federal jurisdiction which is exclusive until its processes have been exhausted. And secondly, that the…