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Stone v. Davis

United States District Court, W.D. Texas, Austin Division

November 27, 2017

RICHARD STONE
v.
LORIE DAVIS, Director, Texas Dept. of Criminal Justice-Correctional Institutions Division

          ORDER

          SAM SPARKS UNITED STATES DISTRICT JUDGE

         Before the Court are Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. § 2254 (Docket Entry "DE" 1); Petitioner's supplement (DE 5); Respondent's Answer (DE 8); and Petitioner's reply (DE 10). Petitioner, proceeding pro se, has been granted leave to proceed in forma pauperis. For the reasons set forth below, Petitioner's application for writ of habeas corpus is denied.

         STATEMENT OF THE CASE

         A. Petitioner's Criminal History

         According to Petitioner, the Director has custody of him pursuant to a judgment and sentence of the 167th Judicial District Court of Travis County, Texas, in cause number 93, 950. After pleading guilty, Petitioner was convicted of aggravated robbery with a deadly weapon alleged to have occurred on or about July 21, 1988. The court sentenced Petitioner to 30 years' imprisonment on February 27, 1989.

         Petitioner does not challenge his holding conviction. Rather, Petitioner challenges the calculation of his sentence and his parole revocation.

         Respondent asserts on March 7, 2004, Petitioner was released on parole subject to certain conditions. The Board of Pardons and Paroles revoked Petitioner's parole on April 21, 2016.

         Petitioner challenged the calculation of his sentence in a state application for habeas corpus relief. Ex parte Stone, Appl. No. 14, 593-04. The Texas Court of Criminal Appeals denied it without written order on November 2, 2016.

         Petitioner filed a second state application for habeas corpus relief. Ex parte Stone, No. 14, 593-05. The Texas Court of Criminal Appeals dismissed the application as successive on February 15, 2017.

         B. Grounds for Relief

         Construing Petitioner's claims liberally, Petitioner argues:

1. He has completed his 30-year sentence by adding his work time plus his flat time;
2. The technical grounds supporting the revocation of his parole were insufficient to ...

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