Gottorff v. Executive. Director of Colorado Department of Corrections.

2026 CO 37. Nos. 24SA315 & 25SA256. Habeas Corpus—Filing Fee Waiver—Inmate Lawsuits.

June 1, 2026

In this combined opinion, the supreme court reviewed two court orders denying Gottorff’s petitions for a writ of habeas corpus and ordering him to pay the filing fees associated with each petition. The court concluded that the habeas courts properly denied the petitions because Gottorff raised arguments that prior courts have already reviewed and ruled on or that are more appropriately resolved in his pending direct appeal. Therefore, the court affirmed the habeas courts’ denials of Gottorff’s petitions for habeas relief. However, the court also concluded that the habeas courts erred by determining that, under CRS § 13-17.5-103(1), because the petitions were groundless, Gottorff wasn’t eligible for waivers of the filing fees. CRS § 13-17.5-102(1) expressly excludes “an action for habeas corpus” from the provision prohibiting waivers for groundless petitions. Therefore, the court vacated the fee-payment-related portions of the habeas courts’ orders.