Garnett vs. Golder, No. 05-1248 (10th Cir. 2006)

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FILED UNITED STATES COURT OF APPEALS TENTH CIRCUIT United States Court of Appeals Tenth Circuit January 31, 2006 Elisabeth A. Shumaker Clerk of Court ROBERT C. GARNETT, SR., Petitioner-Appellant, No. 05-1248 (District of Colorado) (D.C. No. 05-Z-422) v. 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. Garnett s motion to proceed See 28 U.S.C. § 2253(c)(2). 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 , entire record on appeal, including 523 U.S. 1, 7 (1998). After reviewing the 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 -2- Deputy Clerk

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