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GANDY v. COLORADO DEPT. OF CORRECTIONS

No. 10CA1238.

284 P.3d 898 (2012)

2012 COA 100

Robert D. GANDY, Plaintiff-Appellant, v. COLORADO DEPARTMENT OF CORRECTIONS; and Executive Director of the Colorado Department of Corrections, Defendants-Appellees.

Colorado Court of Appeals, Div. A.

June 21, 2012.

Attorney(s) appearing for the Case

Davis Graham & Stubbs LLP, Kyle W. Brenton , Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers , Attorney General, James X. Quinn , Senior Assistant Attorney General, Kathryn A. Starnella , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge CARPARELLI.

¶ 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...

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