Rigato v. Executive Director of Colorado Department of Corrections.

2026 COA 33. No. 24CA1860. Civil Procedure—Time Computation—Correctional Facility Quasi-Judicial Hearing Review.

April 30, 2026

Rigato was an inmate at the Four Mile Correctional Center (the facility). He was found guilty of three violations of the Code of Penal Discipline charges following a disciplinary hearing. The facility’s administrative head upheld Rigato’s three disciplinary convictions on April 29, 2024. Rigato appealed the decision to the district court on Tuesday, May 28, 2024. The Department of Corrections (DOC) moved to dismiss the case for lack of subject matter jurisdiction under CRCP 12(b)(1) and CRCP 106(b), arguing that the district court lacked jurisdiction because Rigato did not file his complaint within 28 calendar days of the administrative head’s decision. The district court granted the motion and dismissed the appeal for lack of jurisdiction.

On appeal, Rigato contended that he timely filed his case. He maintained that the filing deadline was Tuesday, May 28, and that his complaint was timely because he placed it in the facility’s mailing system on that date. Appeals of prison disciplinary convictions are governed by Rule 106.5, and the 28-calendar-day deadline for filing a Rule 106.5 action is found in Rule 106(b). The court of appeals concluded that Rule 6(a)(1)’s computation rule determines the actual deadline under Rule 106(b) when the 28th calendar day falls on a Saturday, Sunday, or legal holiday. Twenty-eight calendar days after April 29 was Monday, May 27, the 2024 Memorial Day holiday. Rigato filed his appeal on Tuesday, May 28, the next business day following the holiday. Accordingly, Rigato’s action was timely filed and the district court erred by dismissing the case.

The judgment was reversed and the case was remanded for further proceedings.