Schendel v. Director TDCJ-CID

Filing 57

ORDER adopting 46 Report and Recommendation. Ordered that Mr Schendel's 44 Motion for Writ of Mandamus is denied in accordance with the Report and Recommendation (dkt #46). Signed by District Judge Ron Clark on 10/11/2018. (bjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

TREVOR XAVIER SCHENDEL, #2051305

§

VS.

§

DIRECTOR, TDCJ-CID

§

CIVIL ACTION NO. 6:17cv523

ORDER ADOPTING REPORT AND RECOMMENDATION
Petitioner Trevor Xavier Schendel, a prisoner currently confined in the Texas prison system,
proceeding pro se and in forma pauperis, filed his petition for writ of habeas corpus (Dkt. #1), pursuant
to 28 U.S.C.§ 2254, seeking to challenge his felony conviction, revocation hearing, and state habeas
proceedings on various grounds. Petitioner ultimately seeks to have his underlying plea agreement set
aside and to be released from custody. The above-styled and numbered civil action was heretofore
referred to United States Magistrate Judge K. Nicole Mitchell. The Report and Recommendation of
the Magistrate Judge, which contains proposed findings of fact and recommendations for the
disposition of such action, has been presented for consideration.
During the pendency of Mr. Schendel’s petition for writ of habeas corpus, he filed a Motion
for Writ of Mandamus. (Dkt. #46). In his petition for a writ of mandamus, Mr. Schendel seeks to have
United States Magistrate Judge K. Nicole Mitchell ordered to: (1) award Mr. Schendel “flat-time”
credits and compensation for his alleged “unlawful” incarceration, (2) enter an order acquitting Mr.
Schendel of the crimes brought against him, (3) order his immediate, unconditional release from prison,
(4) release Mr. Schendel on his own recognizance as he is not a flight risk, (5) award him nominal,
actual, and punitive damages, (6) order the Clerk of the Court to provide Petitioner, free of charge, a
copy of his Texas records, (7) enter a partial final judgment, (8) award Petitioner restitution for his pro
1

se legal services, (9) award Petitioner a change of venue for his criminal case to any county that is not
Smith County, (10) order the appropriate state official to issue a warrant for the release of state funds
to pay the judgment/monies that should be awarded to him, and (11) in the alternative, if the Court
chooses not to grant Mr. Schendel an acquittal at this time, that the court close his case for 6 months
so that he may collect evidence and obtain professional counsel.
The motion was referred to United States Magistrate Judge K. Nicole Mitchell, who issued a
Report and Recommendation concluding that Mr. Schendel’s motion for writ of mandamus was
without merit and should be denied. (Dkt. #46). The Report of the Magistrate Judge, which contains
proposed findings of fact and recommendations for the disposition of the motion, has been presented
for consideration, and no objections thereto having been timely filed, the court is of the opinion that
the findings and conclusions of the Magistrate Judge are correct, and adopts same as the findings and
conclusions of the court. It is accordingly
ORDERED that the Report and Recommendation (Dkt. #46) is ADOPTED. It is further
ORDERED that Mr. Schendel’s motion for writ of mandamus (Dkt. #44) is DENIED in
accordance with the Report and Recommendation (Dkt. #46).

So Ordered and Signed
Oct 11, 2018

2