Green v. Thaler

Filing 4

ORDER OF DISMISSAL. Habeas relief DENIED and petition DISMISSED WITH PREJUDICE. Any an all pending motions DENIED AS MOOT. Certificate of appealability DENIED. Case terminated on 10/23/2009.(Signed by Judge Gray H. Miller) Parties notified.(gseidl)

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G r e e n v. Thaler Doc. 4 IN THE UNITED STATES DISTRICT COURT F O R THE SOUTHERN DISTRICT OF TEXAS H O U S T O N DIVISION J OHN EARL GREEN, P e titio n e r , v. R ICK THALER, R e s p o n d e n t. C IVIL ACTION NO. H-09-3376 O RDER OF DISMISSAL J o h n Earl Green, a state inmate proceeding pro se, challenges his disciplinary c o n v ic tio n . After reviewing the pleadings under Rule 4 of the Rules Governing Section 2254 C a se s in the United States District Courts, the Court concludes that this case must be d is m is s e d , as follows. Background and Claims P e titio n e r reports that he received a disciplinary conviction on October 28, 2008, and w a s punished with temporary cell restriction, loss of commissary privileges, a reduction in lin e status, and loss of 450 days good time credit. His administrative appeals of the c o n v ic tio n were denied. He challenges the sufficiency of the evidence. Analysis A c c o rd in g to well settled precedent, sanctions that merely change the conditions of a n inmate's confinement do not implicate due process concerns. Madison v. Parker, 104 F .3 d 765, 768 (5th Cir. 1997). Limitations imposed upon commissary or recreational p riv ile g e s and cell restriction are the type of sanctions that do not pose an atypical or s i g n if ic a n t hardship beyond the ordinary incidents of prison life. Id. The Fifth Circuit has a ls o determined that reductions in a prisoner's classification status and the potential impact o n good time credit earning ability, whether for purposes of parole or mandatory supervised re le a s e , are not protected by the due process clause. Malchi v. Thaler, 211 F.3d 953, 958 (5th C ir. 2000). T h e loss of good time credit itself, however, requires separate analysis. In order to c h a lle n g e a prison disciplinary conviction by way of a federal habeas petition, a petitioner m u s t be eligible for mandatory supervised release and have received a punishment sanction w h ic h included forfeiture of previously accrued good time credits. Id. In the instant case, p e titio n e r admits that he is ineligible for mandatory supervised release. (Docket Entry No. 1 , p. 5.) Accordingly, no cognizable federal habeas claim is raised in this petition. C o n c lu s io n H a b e as relief is DENIED and this petition is DISMISSED WITH PREJUDICE. Any a n d all pending motions are DENIED AS MOOT. A certificate of appealability is DENIED. T h e Clerk will provide a copy of this order to the parties. S ig n e d at Houston, Texas, on October 23, 2009. Gray H. Miller U n ite d States District Judge 2

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