Chham v. Lynch et al

Filing 8

ORDER dismissing this action with prejudice, and denying leave to proceed in forma pauperis on appeal, by Judge Lewis T. Babcock on 12/14/15. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-02181-GPG
CHHAIYA CHHAM
Applicant,
v.
LORETTA LYNCH, United States Attorney General,
JEH JOHNSON, Secretary of Department of Homeland Security,
JOHN SUTHERS, U.S. Attorney General for Colorado,
JOHN MORTON, Department of Homeland Security Director of ICE,
JOHN LONGSHORE, Colorado Field Office Director,
CORINA E. ALMEIDA, Chief Counsel for D.H.S.-ICE,
Respondents.

ORDER OF DISMISSAL

THIS MATTER comes before the Court on Applicant Chhaiya Chham’s
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 1) filed
on October 1, 2015, challenging his detention by immigration officials. On October 29,
2015, the Government filed a Notice (ECF No. 5), informing the Court that Applicant
was removed from the United States on October 20, 2015, and released from ICE
custody in Cambodia on October 22, 2015. Based on the Notice from the Government,
on November 4, 2015, the Court ordered Mr. Chham to show cause in writing within
thirty days why his Application for a Writ of Habeas Corpus should not be denied as
moot. (ECF No. 6). Mr. Chham has failed to respond to the Court’s order to show cause
within the time allowed. Therefore, his § 2241 application will be denied.
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Accordingly, it is
ORDERED that Applicant’s Application for a Writ of Habeas Corpus Pursuant to
28 U.S.C. § 2241 (ECF No. 1), filed on October 1, 2015, will be DENIED as moot and
this action is DISMISSED without prejudice. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is
denied. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this
order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438
(1962). If Applicant files a notice of appeal, he must also pay the full $505 appellate
filing fee or file a motion to proceed in forma pauperis in the United States Court of
Appeals for the Tenth Circuit within thirty days in accordance with Fed. R. App. P. 24.

DATED

December 14,

2015, at Denver, Colorado.
BY THE COURT:

s/Lewis T. Babcock________________
Lewis T. Babcock
Senior United States District Judge

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