White v. Davis-Director TDCJ-CID
Filing
19
Memorandum Opinion and Order : The court ORDERS that the petition of petitioner for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be, and is hereby, dismissed as moot. The court further ORDERS that a certificate of appealability be, and is hereby, denied. (Ordered by Judge John McBryde on 9/18/2018) (edm)
U.S. DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FILED
IN THE UNITED STATES DISTRIC~ COUW
FOR THE NORTHERN DISTRICT OF EXAS
FORT WORTH DIVISION
MICHAEL QUINCY WHITE,
Petitioner,
v.
LORIE DAVIS, Director,
Texas Department of Criminal
Justice, Correctional
Institutions Division,
Respondent.
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SEP 1 8 2018
C1B~RK, U.S. DISTRICT COURT
Deputy
No.
4:17-CV-664-A
MEMORANDUM OPINION
and
ORDER
This is a petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254 filed by petitioner, Michael Quincy White, who
was confined in the Correctional Institutions Division of the
Texas Department of Criminal Justice
petition was filed,
respondent.
records,
(TDCJ) at the time the
against Lorie Davis, director of TDCJ,
After having considered the pleadings,
state court
and relief sought by petitioner, the court has concluded
that the petition should be dismissed as moot.
I.
Factual and Procedural History
By this habeas petition, petitioner challenges two 2016
disciplinary proceedings conducted at the James V. Allred unit of
TDCJ and the temporary loss of recreation and commissary
privileges and a reduction in line class status.
Exs.
B & D.)
(Resp't's Answer
In three grounds, petitioner asserts that his rights
to due process were violated during the proceedings because the
Texas Bureau of Pardons and Paroles (hereinafter, the "Bureaun)
violated its own policies and state laws and because the
disciplinary hearing officer denied him a hearing and found him
guilty "absent policy and procedure.n
(Pet. 6-7.)
II. Discussion
The court has confirmed through telephonic communication
with the Bureau on this date that petitioner was released on
parole on July 26, 2018. A federal habeas petition challenging
the validity of a prison disciplinary proceeding and punishment
becomes moot, requiring dismissal of the petition, when the
petitioner is released from prison. See Bailey v. Southerland,
821 F.2d 277, 278-79
(5th Cir. 1987); Watkins v. Garrett, 476
Fed. App'x 430, 2012 WL 1292763, at *l (5th Cir. Apr. 16, 2012);
Watkins v. Vasquez, 451 Fed. App'x 429, 2011 WL 5984753, at *l
(5th Cir. Nov. 28, 2011).
For the reasons discussed herein,
The court ORDERS that the petition of petitioner for a writ
of habeas corpus pursuant to 28 U.S.C.
§
2254 be, and is hereby,
dismissed as moot. The court further ORDERS that a certificate of
appealability be, and is hereby, denied.
SIGNED September
I
'i5 ,
2018.
./
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