Opinion
NO. 4:01-CV-0416-A.
April 24, 2002
ORDER
Came on for consideration the above-captioned action wherein Terry Dale Burns is petitioner and Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional Division, is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On March 1, 2002, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until March 22, 2002, in which to file, and not merely place in the mail, written objections thereto. Copies of the findings, conclusions, and recommendation were sent to petitioner and respondent by certified mail, return receipt requested. Return receipts have been received by the Clerk and placed in the file. On March 22, 2002, petitioner filed his objections. The court has reviewed the record de novo in light of the objections and finds that the petition must be denied.
The record reflects that petitioner received all process he was due at his parole revocation hearing. Morrissey v. Brewer, 408 U.S. 471, 481 (1972). The decision to revoke was supported by some evidence. Cf. Villarreal v. United States Parole Comm'n, 985 F.2d 835, 839 (5th Cir. 1993). When reviewing a decision to revoke based on several alleged violations, the record need only support the violation of a single condition of release to be upheld. United States v. McCormick, 54 F.3d 214, 219 n. 3 (5th Cir. 1995). Petitioner's waiver argument is without merit.
The court ORDERS that the petition in this action be, and is hereby, denied.