Rivas v. Davis-Director TDCJ-CID

Filing 6

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATION and DENYING PETITION FOR A WRIT OF HABEAS CORPUS re: 5 Findings, Conclusions and Recommendation. (Ordered by Senior Judge Mary Lou Robinson on 10/26/2017) (awc)

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IN THE T]NITED STATES DISTRICT COURT FOR THE NORTHERN DISTzuCT OF TEXAS AMARILLO DIVISION CARLOS zuVAS, Petitioner, 2:17-CY-195 LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent. ORDER ADQPTING FINDINGS. CONCLUSIONS AND RECOMMENDATION ANd DENYING PETITION FOR A WRIT OF HABEAS CORPUS Petitioner has filed an application for a writ of habeas corpus challenging a state prison disciplinary decision. On October 4,2077, the United States Magistrate Judge issued findings, conclusions and a recommendation in this cause, recommending therein that the habeas application be denied because petitioner is not eligible for mandatory supervised release. No objections to the Findings, Conclusions and Recommendation have been filed as of this date. "As a general rule, only sanctions which result in loss of good conduct time credits for inmates who are eligible for release on mandatory supervision or which otherwise directly and adversely affect release on mandatory supervision will impose upon a liberty interest." Spicer v. Collins, g F.Supp. 2d 673,685 (E.D. Tex. 1998) (citing Orellqnq v. Kyle,65 F.3d 29,31-33 (sth Cir. 1995), cert. denied,516 U.S. 1059 (1996)). Petitioner is not eligible for release on mandatory supervision; therefore, any forfeited good time credits apply only toward his eligibility for parole. Prisoners in Texas possess no constitutionally protected right to release on parole as such release is discretionary. Because petitioner is ineligible for early release under the Texas mandatory supervision scheme, he has no constitutionally protected interest in previously earned good-time credits. The undersigned United States District Judge has made an independent examination of the record in this case. The Magistrate Judge's Findings, Conclusions and Recommendation is hereby ADOPTED. Accordingly, the application for a writ of habeas corpus filed by petitioner is DENIED. IT IS SO ORDERED. ENTERED this 26t}n day of Octobe.r 2017. sl Uary Lou Robinson MARY LOU ROBINSON LINITED STATES DISTRICT JUDGE

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