Garnett v. Golder

• Court: Court of Appeals for the Tenth Circuit
• Decided: January 31, 2006
• Docket: 05-1248
• Status: Published

Opinion

FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS January 31, 2006 TENTH CIRCUIT Elisabeth A. Shumaker Clerk of Court

ROBERT C. GARNETT, SR.,

Petitioner-Appellant, No. 05-1248 v. (District of Colorado) (D.C. No. 05-Z-422) GARY GOLDER, Warden,

Respondent-Appellee.

ORDER

Before BRISCOE, LUCERO and MURPHY, Circuit Judges.

Appellant, Robert C. Garnett, filed an application for a writ of habeas

corpus pursuant to 28 U.S.C. § 2241 on May 24, 2005, challenging the

calculation of his statutory discharge date. The district court concluded Garnett

had failed to exhaust his state remedies and dismissed the application. Garnett

now seeks a certificate of appealability (“COA”) to enable him to appeal the

district court’s dismissal of his § 2241 application. See 28 U.S.C. § 2253(c)(2).

Garnett’s motion to proceed in forma pauperis on appeal is granted .

The brief Garnett filed with this court indicates he is no longer

incarcerated. Accordingly, Garnett was ordered to show cause as to why his application for a COA should not be dismissed as moot. See Spencer v. Kemna ,

523 U.S. 1, 7 (1998). After reviewing the entire record on appeal, including

Garnett’s response to the order to show cause, this court concludes that the

application for COA is moot. Accordingly, we dismiss Garnett’s appeal.

Entered for the Court ELISABETH A. SHUMAKER, Clerk

By Deputy Clerk

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