United States District Court, S.D. Texas, Houston Division
JAMES EDWARD GUZMAN, (TDCJ NO. 01023457) Petitioner,
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
MEMORANDUM AND OPINION
Rosenthal Chief United States District Judge
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.
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).
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.
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parole was revoked on March 20, 2015.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That parole was revoked on January 5, 2017, with no
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.
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.
Was the First Claim Filed Too Late?
had one year to file his federal habeas corpus petition. The
(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 ...