Taylor v. Tinsley

Plaintiff filed in the court below a complaint for declaratory judgment, R.C.P. Colo. 57. In it he alleged that he was confined in the state penitentiary pursuant to mittimus issued by the district court in and for the county of Rio Blanco, State of Colorado, and that the defendant is the authorized warden of the penitentiary where he is confined. He alleges that the warden failed to give him certain credits to which he believed he is entitled under various statutes, to-wit: C.R.S. 53, 105-4-4, 5, 6 and 10. In his complaint he prays for a determination of his status under the various statutes cited and for an order of court directing the defendant warden to make certain corrections in the prison records and to give him certain credits which he claims under C.R.S. 53, 105-4-4 and 5. The court, after hearing, dismissed the complaint, giving as a reason that it "fails to state a judiciable issue."