United States District Court, N.D. Texas, Fort Worth Division
THOMAS R. WOODALL, Petitioner,
LORIE DAVIS, Director,  Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
OPINION AND ORDER
R. MEANS UNITED STATES DISTRICT JUDGE.
the Court is a petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254 filed by petitioner, Thomas R. Woodall,
a state prisoner, against Lorie Davis, director of the Texas
Department of Criminal Justice, Correctional Institutions
Division (TDCJ), Respondent. After having considered the
petition and relief sought by Petitioner, the Court has
concluded that the petition should be dismissed as
Factual and Procedural Background
December 7, 2000, in the 371st Judicial District Court,
Tarrant County, Texas, Case No. 0728015D, a jury found
Petitioner guilty of aggravated assault with a deadly weapon,
and, on February 12, 2001, the trial court assessed his
punishment at twenty years' confinement. (Pet. 2, ECF No.
1; Adm. R., SH05WR- 58, 137-03, 33, ECF No. 15-6.) Petitioner
was subsequently released on parole on November 16, 2009.
(Adm. R., SH05WR-58, 137-03, 21, ECF No. 15-6.)
asserted in his state habeas-corpus application that, on
February 24, 2013, he was arrested and jailed in Kankakee
County, Illinois, on a charge of unlawful possession of a
controlled substance, where he remained incarcerated until
his trial. Petitioner claimed that he was unable to make bond
on the Illinois case because the Texas Board of Pardons and
Paroles (BOP) had issued a “blue
warrant/detainer-hold” against him on or about February
24, 2013. (Id.) Petitioner asserted that he was
convicted of the new charge and sentenced to four years'
confinement, and, on September 15, 2013, he was transferred
to the Illinois Department of Corrections for service of his
sentence. (Adm. R., SH05WR-58, 137-03, 7, ECF No. 15-6.)
While incarcerated there, his Texas parole was revoked.
(Id. at 21.) After completing his Kankakee County
sentence, Petitioner contends that he was returned to TDCJ on
February 25, 2015, pursuant to the Texas “blue
warrant/detainer.” (Id. at 7-8.) Petitioner
sought time credit from February 24, 2013, to the present
toward his Tarrant County sentence.
Valdez, a Program Supervisor III for the Classification and
Records Department of TDCJ, submitted an affidavit providing
the following information:
A pre-revocation warrant of arrest was issued on 4-4-2013 by
the Parole Division, and executed on 9-15-2013 in the
Illinois Department of Corrections, Hillsboro, IL.
Applicant's parole was revoked on 3-11-2014, while he was
in the Illinois Department of Corrections. Applicant was
returned to TDCJ custody on 2-25-2015. Because Applicant was
serving an offense listed under Section 508.149(a), Texas
Government Code (aggravated assault w/dw) at the time of
revocation, he was not eligible for “street-time”
credit and was charged with out of custody for time spent on
supervision, 3-years, 9-months, and 29-days. Tex. Gov's
Code § 508.283(c).
(Id. (citation to ex. omitted).)
on Valdez's affidavit, the state habeas court entered the
following factual findings:
5. The Pre-Revocation Warrant was issued on April 4, 2013.
6. The Pre-Revocation Warrant was executed on September 15,
7. Applicant has received flat time credit from September 15,
2013, to his return to TDCJ custody on February 25, 2015.
8. Applicant presents no evidence to support his claim that
he was held on a blue warrant in this case from February 24,