March 17, 2026·1:20-CR-00039-SWS-2)·Panel Decision·By James Taylor
The United States Court of Appeals for the Tenth Circuit dismissed a habeas corpus petition filed by Kelly Miles Finnessey. The dismissal was issued due to a lack of prosecution by the petitioner.
Background
Kelly Miles Finnessey filed a petition for a writ of habeas corpus in the United States District Court for the District of Wyoming. The case was subsequently appealed to the Tenth Circuit.
The court’s reasoning
The Court determined that the petitioner failed to prosecute the appeal. Consequently, the Court exercised its authority under Tenth Circuit Rule forty-two point one to dismiss the petition.
What it means going forward
The dismissal terminates the appellate proceedings without a decision on the merits of the habeas claims.
