Opinion
NO. 3-03-CV-2742-D
January 16, 2004
ORDER
This habeas case has, been re-referred to the magistrate judge for further consideration in light of petitioner's response and objections filed on January 5, 2004. In a report and recomendation dated December 18, 2003, the magistrate judge recommended that this case be dismissed without prejudice for failure to exhaust state remedies because petitioner did not challenge his prison disciplinary conviction and the loss of privileges and good time credits in an application for writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure. Petitioner objects that he is not required to exhaust his claim in that manner. Upon further consideration, the court agrees. Petitioner has exhausted his available state remedies by filing a grievance with prison authorities pursuant to section 501.0081 of the Texas Government Code. No further exhaustion is required before seeking federal habeas relief.
Accordingly, the Findings and Recommendation of the United States Magistrate Judge dated December 18, 2003 is vacated. A show cause order will issue to respondent.
SO ORDERED.