Sawyer v. Director TDCJ-CID

Filing 23

Order Accepting Report and Recommendations of the United States Magistrate Judge re: 20 Findings and Recommendations on Case re: 3 Petition for Writ of Habeas Corpus, filed by Thomas Sawyer. Magistrate Judge E. Scott Frost no longer assigned to case. (Ordered by Judge Reed C O'Connor on 8/13/2013) (plp)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION

THOMAS SAWYER,
Petitioner,
v.
WILLIAM STEPHENS, Director,
Texas Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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Civil No. 7:12-CV-185-O-BL

ORDER ACCEPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
After making an independent review of the pleadings, files and records in this case, of the
Report and Recommendation of the United States Magistrate Judge, and of Petitioner’s objections
thereto, I am of the opinion that the Report and Recommendation of the Magistrate Judge is correct
and it is hereby adopted and incorporated by reference as the Findings of the Court.
Additionally, the Court has reviewed Petitioner’s reply to Respondent’s answer, which was
filed after the Magistrate Judge’s Report and Recommendation was entered. The Court finds
nothing in Petitioner’s reply that would warrant habeas relief in this case. The Court further notes
that, in his response to the Magistrate Judge’s Report and Recommendation, Petitioner claims that
previously earned good-time credits were taken from him in each of the two prison disciplinary
actions that he challenges. Review of the verified disciplinary hearing records reveals that
Petitioner is incorrect. No previously earned good-time credits were taken as a result of either
proceeding. See Disciplinary Hearing Record of Case No. 20110347847 at p. 1; Disciplinary

Hearing Record of Case No. 20120013295 at p. 1. The Court is entitled to rely upon such records
in denying relief. See Reeves v. Wood, 206 Fed. Appx. 368, *370, 2006 WL 3337451, *2 (5th Cir.
2006) (stating that a court is entitled to rely upon authenticated prison disciplinary records for
summary judgment purposes).
For the foregoing reasons, the petition for writ of habeas corpus is DENIED.
SO ORDERED this 13th day of August, 2013.

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Reed O’Connor
UNITED STATES DISTRICT JUDGE

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