Lloyd v. Dretke

Full title: AHN DEON LLOYD, Petitioner, v. DOUGLAS DRETKE, Director, Texas Department…

Court: United States District Court, N.D. Texas, Amarillo Division

Date published: Oct 15, 2004

2:04-CV-0206 (N.D. Tex. Oct. 15, 2004)

Opinion

2:04-CV-0206.

October 15, 2004

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

CLINTON AVERITTE, Magistrate Judge

Petitioner AHN DEON LLOYD, a state prisoner, has filed with this Court a petition for a writ of habeas corpus challenging a March 20, 2004 prison disciplinary proceeding and the resultant loss of 180 days previously earned good time credits. The disciplinary proceeding took place at the Roach Unit in Childress County, Texas. As of the date the instant habeas application was filed, petitioner remained incarcerated in the Roach Unit.

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 habeas application, petitioner advises he is in respondent's custody pursuant to a conviction out of "District T01 County 220," for the first degree felony offense of murder, and the resulting 15-year sentence. Petitioner avers that for his original conviction, there was a finding that he used or exhibited a deadly weapon, and that he is not eligible for mandatory supervised release. Murder is a listed offense which renders an inmate ineligible for mandatory supervision. Tex. Gov't Code § 508.149(a)(2). In this case, petitioner appears to have lost good time, however, petitioner is not eligible for mandatory supervised release due to his conviction of the felony offense of murder and the deadly weapon finding.

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 AHN DEON LLOYD 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.