REPORT AND RECOMMENDATION TO DENY PETITION FOR A WRIT OF HABEAS CORPUS

CLINTON E. AVERITTE, Magistrate Judge.

Petitioner has filed with this Court a Petition for a Writ of Habeas Corpus by a Person in State Custody. Petitioner is presently incarcerated at the Neal Unit in Potter County, Texas pursuant to a September 18, 2014 judgment out of a Judicial District Court of Dallas County, Texas. Such judgment was entered upon petitioner's conviction for the offense of aggravated assault with a deadly weapon and the 5-year sentence assessed. See State v. Johnson, No. F-1400277-J. By his federal habeas application, petitioner challenges a prison disciplinary proceeding conducted at the Neal Unit in Potter County, Texas on July 22, 2016. See Disciplinary No. 20160343933. In his habeas application, in response to Questions 15 and 16 on page 5, petitioner fails to answer whether his original conviction contained a finding that he used or exhibited a deadly weapon and whether he is eligible for release on mandatory supervision. Petitioner states he did lose previously earned good-time days in response to Question 18 on page 5, but he fails to specify the exact number of days lost.

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 which included forfeiture of previously accrued good-time credits. See Malchi v. Thaler, 211 F.3d 953, 958 (5th Cir. 2000). Review of the online Offender Information Detail maintained by the Texas Department of Criminal Justice confirms petitioner is incarcerated pursuant to the aggravated assault with a deadly weapon offense and that his projected release date is his maximum sentence date.

The mandatory supervision statute in effect when petitioner committed his aggravated assault with a deadly weapon offenses on March 3, 2009 stated "[a]n inmate may not be released to mandatory supervision if the inmate is serving a sentence for or has been previously convicted of the offense of aggravated assault. Texas Gov't Code § 508.149(a)(7) (2007). 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 District Judge that the petition for a writ of habeas corpus filed by petitioner ANTHONY T. JOHNSON be DENIED.

INSTRUCTIONS FOR SERVICE

The United States District Clerk is directed to send a copy of this Report and Recommendation to each party by the most efficient means available.

IT IS SO RECOMMENDED.