United States District Court, W.D. Texas, Austin Division
HONORABLE LEE YEAKEL UNITED STATES DISTRICT JUDGE.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE
W. AUSTIN UNITED STATES MAGISTRATE JUDGE
Magistrate Judge submits this Report and Recommendation to
the District Court pursuant to 28 U.S.C. §636(b) and
Rule 1(e) of Appendix C of the Local Court Rules of the
United States District Court for the Western District of
Texas, Local Rules for the Assignment of Duties to United
States Magistrate Judges.
the Court is Petitioner's Application for Habeas Corpus
Relief under 28 U.S.C. § 2254 (Document 1). Petitioner,
proceeding pro se, has been granted leave to proceed in forma
pauperis. For the reasons set forth below, the undersigned
finds that Petitioner's application for writ of habeas
corpus should be dismissed.
STATEMENT OF THE CASE
Petitioner's Criminal History
to Petitioner, the Director has custody of him pursuant to a
judgment and sentence of the 331st Judicial District Court of
Travis County, Texas in cause number 103, 968. Petitioner was
convicted of burglary of a building and was sentenced to 35
years in prison on September 12, 1990. Petitioner's
conviction was affirmed on December 18, 1991. Moore v.
State, No. 03-90-00270-CR (Tex. App. - Austin 1991, pet.
ref'd). His petition for discretionary review was refused
on May 8, 1992. Moore v. State, No. PD-0344-92.
Petitioner has filed multiple state applications for habeas
corpus relief challenging his convictions and revocation of
Petitioner's Grounds for Relief
raises the following grounds for relief:
subsequent application rule for state habeas petitions should
not apply to petitions challenging parole;
parole was unlawfully revoked;
should have been granted clemency because burglary was
reduced to a state jail felony in the “mid
was unlawfully denied parole.
DISCUSSION AND ANALYSIS
Challenge of Dismissal of ...