United States District Court, N.D. Texas, Fort Worth Division
OPINION AND ORDER
O'CONNOR UNITED STATES DISTRICT JUDGE
the Court is a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 filed by Petitioner, Leticia Angeli
McWilliams, a former state prisoner residing at the Fort
Worth Transitional Center at the time this petition was
filed, against Lorie Davis, director of the Correctional
Institutions Division of the Texas Department of Criminal
Justice (TDCJ), Respondent. After considering the pleadings
and relief sought by Petitioner, the Court has concluded that
the petition should be dismissed as time-barred.
January 19, 2010, pursuant to a plea bargain agreement,
Petitioner pleaded guilty in Tarrant County, Texas, No.
1174887D, to intoxication assault and received a probated
ten-year sentence. Clerk's R. 30, ECF No. 11-1. On April
4, 2014, following a hearing, the trial court revoked her
community supervision on the state's motion and sentenced
her to four years' confinement. Id. at 92.
Petitioner appealed the judgment revoking community
supervision, but the Second District Court of Appeals of
Texas affirmed the trial court's judgment and, on March
4, 2015, the Texas Court of Criminal Appeals refused her
petition for discretionary review. Docket Sheet 1-2, ECF No.
11-6. Petitioner did not seek writ of certiorari. Pet. 3, ECF
No. 1. She filed one relevant state habeas- corpus
application during the pendency of her appeal, which was
treated and denied by the Texas Court of Criminal Appeals as
a motion for leave to file. WR-82, 187-01 Writ Rec'd
& Action Taken, ECF Nos. 11-20 & 11-22. Since filing
this petition, Petitioner has been released from the Fort
Worth Transitional Center, and, according to telephonic
communication with TDCJ on this date, is no longer on parole,
having fully discharged her 4-year sentence.
raises four grounds for relief challenging the trial
court's judgment revoking community supervision:
(1) court documents contain false information;
(2) court documents contain signatures that do not belong to
Judge Robb Catalano or herself;
(3) court documents have been illegally altered; and
(4) fraudulent court documents resulted in her “illegal
Pet. 6-7, ECF No. 1.
raised one or more of the same or similar claims in two prior
federal habeas petitions, which were both dismissed on
exhaustion grounds. Pet. & Op. and Order, McWilliams
v. Stephens, No. 4:15-CV-641-O, ECF Nos. 1 & 23;
Pet. & Op. and Order, McWilliams v. Anderson,
No. 4:14-CV-912-O, ECF Nos. 1 & 8. By way of this
petition, she seeks immediate release, immediate legal
assistance, legal help and legal protection, removal from
parole and the Texas legal system, and assistance with
housing, medical and dental care, and other expenses.
Id. at 7.
RULE 5 STATEMENT
does not assert the petition is barred by successiveness but
does assert that the petition is barred by the federal
statute of limitations and ...