Opinion
No. 2:05-CV-0068.
March 30, 2005
REPORT AND RECOMMENDATION TO DENY PETITION FOR A WRIT OF HABEAS CORPUS
Petitioner has filed with this Court a petition for a writ of habeas corpus challenging a November 15, 2004 prison disciplinary proceeding and the resultant loss of 386 days previously earned good time credits. The disciplinary proceeding took place at the Dalhart Unit in Hartley County, Texas. As of the date the instant habeas application was filed, petitioner was incarcerated in the Allred Unit in Wichita County, Texas.
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). In his habeas application, petitioner advises he is in respondent's custody pursuant to three (3) convictions in 2001 for the felony offenses of robbery out of Dallas County, Texas, and the resulting 35-year sentences. In his habeas application, petitioner acknowledges he is not eligible for mandatory supervised release. While petitioner appears to have lost good time, petitioner is not eligible for mandatory supervised release due to his conviction for robbery. See Tex. Gov't Code § 508.149(a)(11).
RECOMMENDATION
It is the RECOMMENDATION of the undersigned United States Magistrate Judge of the United States District Judge that the petition for a writ of habeas corpus filed by petitioner SAMMY LEE KIZZEE, JR. 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.