Opinion
2:04-CV-0251.
October 18, 2004
REPORT AND RECOMMENDATION TO DENY PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner PATRICK JAMES HOLZER has filed with this Court a petition for a writ of habeas corpus challenging a May 13, 2004 prison disciplinary proceeding which took place at the Clements Unit in Potter County, Texas. As of the date the instant habeas application was filed, petitioner remained incarcerated in the Clements Unit.
Petitioner cites to disciplinary cause number 20040234966, an earlier case which was allegedly dismissed and the instant disciplinary case, cause number 20040248024, brought instead. The cited hearing date of May 13, 2004, refers to the latter case.
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 releaseand 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). In his application, petitioner advises that he did not lose any previously earned good-time credits as a result of the May 13, 2004 disciplinary adjudication. Further, petitioner avers he is not eligible for mandatory supervised release. See Tex. Gov't Code Ann. § 508.149 (Vernon 2001).
According to petitioner, he was incarcerated due to a conviction for capital murder.
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 PATRICK JAMES HOLZER be DENIED.INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a file-marked copy of this Report and Recommendation to petitioner by the most efficient means available.
IT IS SO RECOMMENDED.