United States District Court, N.D. Texas, Amarillo Division
FINDINGS, CONCLUSIONS AND RECOMMENDATION TO DENY
PETITION FOR A WRIT OF HABEAS CORPUS
ANN RENO, UNITED STATES MAGISTRATE JUDGE
for consideration the Petition for a Writ of Habeas Corpus by
a Person in State Custody filed by petitioner ESAW LAMPKIN.
For the following reasons, petitioner's habeas
application should be DENIED.
STATEMENT OF THE CASE
is confined in the Texas Department of Criminal Justice,
Correctional Institutions Division pursuant to an August 25,
2016 judgment and 35-year sentence for the offense of driving
while intoxicated, third or more, out of the 124th
District Court of Gregg County, Texas. See State v.
Lampkin, No. 42, 897-B. Further recitation of the
procedural history and collateral review proceedings of
petitioner's case are not relevant to the proceedings
contends he is being held in violation of the Constitution
and laws of the United States for the following reasons:
1. The Board of Pardons and Paroles violated his Due Process
and Equal Protection rights by denying him access to an
in-prison DWI treatment program afforded to similarly
2. The Board of Pardons and Paroles violated his Due Process
and Equal Protection rights when it failed to consider his
Offender's Rehabilitation Education Participation that
reduced his risk factor against public safety;
3. The Board of Pardons and Paroles denied his parole in
violation of petitioner's Fifth Amendment right against
the risk of double jeopardy; and
4. The Board of Pardons and Paroles violated his Due Process
and Equal Protection rights because petitioner was not
allowed to be present and speak at his hearing.
February 28, 2018, respondent filed her answer asserting
petitioner's habeas application should be dismissed
because his parole denial claims are not cognizable on
federal habeas review. In her response, respondent fully and
accurately briefed statutory and case law regarding the
August 17, 2017 denial of petitioner's release to parole
due to his criminal history, substance abuse and past
behavior while on parole. [ECF 18 at 3-5]. Petitioner did not
file a reply to respondent's answer.
contends the Board of Pardons and Paroles has improperly
denied him parole. He requests to be released to an in-prison
DWI treatment program and, after successful completion of
that program, to be immediately released to
parole. Petitioner has failed to assert a claim
cognizable in federal habeas corpus proceedings.
“Parole” is the discretionary and conditional
release of an eligible inmate sentenced to the institutional
division so that the inmate may serve the remainder of his
sentence under the supervision of the pardons and paroles
division. Tex. ...