Filed: Jun. 08, 2018
Latest Update: Jun. 08, 2018
Summary: FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DENY PETITION FOR A WRIT OF HABEAS CORPUS LEE ANN RENO , Magistrate Judge . Petitioner has filed with this Court a Petition for a Writ of Habeas Corpus by a Person in State Custody challenging a prison disciplinary ruling wherein petitioner lost thirty (30) days previously accrued good time credits as punishment. 1 [ECF 3 at 5]. For the following reasons, petitioner's habeas application should be denied. In order to challenge a prison disciplin
Summary: FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DENY PETITION FOR A WRIT OF HABEAS CORPUS LEE ANN RENO , Magistrate Judge . Petitioner has filed with this Court a Petition for a Writ of Habeas Corpus by a Person in State Custody challenging a prison disciplinary ruling wherein petitioner lost thirty (30) days previously accrued good time credits as punishment. 1 [ECF 3 at 5]. For the following reasons, petitioner's habeas application should be denied. In order to challenge a prison disciplina..
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FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DENY PETITION FOR A WRIT OF HABEAS CORPUS
LEE ANN RENO, Magistrate Judge.
Petitioner has filed with this Court a Petition for a Writ of Habeas Corpus by a Person in State Custody challenging a prison disciplinary ruling wherein petitioner lost thirty (30) days previously accrued good time credits as punishment.1 [ECF 3 at 5]. For the following reasons, petitioner's habeas application should be denied.
In order to challenge a prison disciplinary adjudication by way of a federal petition for a writ of habeas corpus, a petitioner must, at a minimum, be eligible for mandatory supervised release and have received a punishment sanction that included forfeiture of previously accrued good-time credits. See Malchi v. Thaler, 211 F.3d 953, 958 (5th Cir. 2000). On October 26, 2001, petitioner was convicted in Harris County, Texas of the first degree felony offense of aggravated robbery. State v. Jimenez, No. 859787. [ECF 12-1 at 2-3]. The mandatory supervision statute in effect when petitioner committed his aggravated robbery offense on October 13, 2000 stated, "[a]n inmate may not be released to mandatory supervision. . . if the inmate is serving a sentence for or has previously been convicted of . . . a first degree felony under Section 29.03, Penal Code (Aggravated Robbery)." Texas Gov't Code § 508.149(a)(12) (2000). In his habeas application, in response to Question 16 of the form, petitioner concedes he is not eligible for release to mandatory supervision. [ECF 3 at 5].
As petitioner is not eligible for mandatory supervised release, he may not challenge a prison disciplinary proceeding by way of a federal petition for a writ of habeas corpus. See Malchi, 211 F.3d at 958. Petitioner's habeas application should be DENIED.
RECOMMENDATION
It is the RECOMMENDATION of the undersigned United States Magistrate Judge to the United States Senior District Judge that the petition for a writ of habeas corpus filed by petitioner GEORGE ALBERTO JIMENEZ be DENIED.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a copy of these Findings, Conclusions and Recommendation to each party by the most efficient means available.
IT IS SO RECOMMENDED.
