Scott v. Warden of the BVCC, No. 11-1446 (10th Cir. 2012)
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Pro se prisoner Petitioner Lynn Scott sought a certificate of appealability (COA) to challenge the district court's dismissal of his petition for habeas relief. In 2000, Petitioner was convicted in Colorado state court on two different drug counts and sentenced to ten years' imprisonment with the Colorado Department of Corrections (DOC), plus a five-year period of mandatory parole. In 2004, he was sentenced to six months' imprisonment and a two-year period of parole, respectively, for convictions on two charges of attempted escape. In 2006, the Colorado Board of Parole granted Petitioner early release to parole and ordered the mandatory five-year parole to start in 2007. Later that year, a parole complaint was filed, alleging that Petitioner had violated numerous provisions of his parole, including absconding from parole supervision. Petitioner's parole was revoked, and he returned to the DOC to serve his revocation time. Over the next several years, Petitioner would commit new crimes, violate the terms of his parole, have it revoked, be reincarcerated, and granted new periods of parole. The cycle stopped in 2010 when Petitioner brought this habeas action to challenge the validity of one of his 2007 disciplinary convictions. The Warden, as Respondent, did not assert any affirmative defenses, but moved the court to dismiss the matter as moot. The district court dismissed the case as moot, denied habeas relied and denied a COA. Upon review, the Tenth Circuit found "no debate" as to whether Petitioner's claims were moot. "No reasonable jurist would conclude otherwise." The Court denied Petitioner's application for a COA and dismissed his appeal.
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