Tippins v. Dretke

Full title: DARRIUS L. TIPPINS, also known as Darrious Tippens Petitioner, v. DOUGLAS…

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

Date published: Oct 18, 2004

2:04-CV-0215 (N.D. Tex. Oct. 18, 2004)

Opinion

2:04-CV-0215.

October 18, 2004

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

CLINTON AVERITTE, Magistrate Judge

Petitioner DARRIUS L. TIPPINS, also know as Darrious Tippens, has filed with this Court a petition for a writ of habeas corpus challenging a March 31, 2004 prison disciplinary proceeding which took place at the Neal Unit in Potter County, Texas. As of the date the instant habeas application was filed, petitioner remained incarcerated in the Neal 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 application, petitioner advises that he did not lose any previously earned good-time credits as a result of the March 31, 2004 disciplinary adjudication. Further, petitioner avers he is not eligible for mandatory supervised release. See Tex. Gov't Code Ann. § 508.149 (Vernon 2001).¹

1 According to petitioner, he was incarcerated due to a conviction for unlawful possession of a firearm by a felon.

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 DARRIUS L. TIPPINS 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.