KAY v. SCHRIRO

No. WD 59634.

54 S.W.3d 700 (2001)

John R. KAY, Appellant Pro Se, v. Dora SCHRIRO, Director, Missouri Department of Corrections, Respondent.

Missouri Court of Appeals, Western District.

September 4, 2001.


Attorney(s) appearing for the Case

John R. Kay, Jefferson City, Appellant Pro Se.

Jeremiah W. (Jay) Nixon, Attorney General, John Munson Morris and Cassandra Dolgin, Office of Attorney General, Jefferson City, for Respondent.


HOLLIGER, Judge.

John R. Kay appeals from the dismissal of his petition for declaratory judgment seeking jail time credit under § 558.031, RSMo 2000. Because we determine that his petition stated a claim upon which relief could be granted, we reverse.

To state a claim upon which relief can be granted, a petition for declaratory judgment must invoke principles of substantive law, which if proven would entitle the plaintiff to a declaration of rights or...

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