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Guzman v. Davis

United States District Court, S.D. Texas, Houston Division

February 2, 2018

JAMES EDWARD GUZMAN, (TDCJ NO. 01023457) Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          MEMORANDUM AND OPINION

          Lee H. Rosenthal Chief United States District Judge

         The petitioner, James Edward Guzman, challenges his parole revocation and the denial of credit for the time he was incarcerated before his revocation. The respondent moves for summary judgment as to the first claim because it was filed too late, and of both claims because Guzman did not exhaust his state-court remedies. The respondent also moves for summary judgment because Guzman fails to establish that the state court's rejection of his claims was objectively unreasonable. (Docket Entry No. 13). Guzman moves for summary judgment as well. (Docket Entry No. 15). Each argument and the responses are analyzed below.

         I. Background

         Guzman alleges that:

1. he was wrongfully denied "flat-time" credit for his incarceration from July 14, 2009 to January 28, 2010; June 30, 2011 to December 29, 2011; and March 19, 2013 to June 14, 2014; and
2. his due-process rights were violated at his parole revocation hearing because the parole panel was biased, falsified documents, and did not allow Guzman to appear in person or offer evidence on his behalf.

(Docket Entry No. 1, Fed. Writ Pet., at 6-8; Docket Entry No. 11, Supp. Motion and Order at 2).

         In The State of Texas v. James Guzman, cause numbers 849859 and 849860 in the 182nd District Court of Harris County, Texas, Guzman pleaded no contest to third-degree felony offense of assault on a public servant, and pleaded guilty to the first-degree felony offense of possession of cocaine with intent to deliver. The trial court sentenced him to a 20-year prison term in cause number 849859 and 25 years in cause number 849860, to run concurrently.

         On October 28, 2008, Guzman was released on parole subject to conditions. A prerevocation arrest warrant was issued on July 31, 2014, and was executed on December 29, 2014. Guzman's parole was revoked on March 20, 2015. On August 26, 2016, Guzman was again released to parole, subject to conditions. That parole was revoked on January 5, 2017, with no prerevocation warrant.

         In March 2017, Guzman submitted a time-dispute resolution form to the TDCJ's Classification and Records Division. That Division responded on May 1, telling Guzman that under the law in effect when he was sentenced, education credits did not apply to his sentence.

         In January 2017, Guzman filed two state habeas applications challenging his parole revocation. The Texas Court of Criminal Appeals denied both without written order in April 2017. In January 2017, Guzman filed two additional state habeas applications, challenging the denial of work-time credits. These state applications were denied without written order in August. Guzman filed this federal petition in June 2017. The state habeas proceedings are part of the record.

         II. Discussion

         A. Was the First Claim Filed Too Late?

         Guzman had one year to file his federal habeas corpus petition. The statute states:

(d) (1) A 1 -year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of-
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time ...

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