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McWilliams v. Davis

United States District Court, N.D. Texas, Fort Worth Division

June 21, 2018

LETICIA ANGELI MCWILLIAMS, Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          OPINION AND ORDER

          REED O'CONNOR UNITED STATES DISTRICT JUDGE

         Before 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.

         I. BACKGROUND

         On 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.

         II. ISSUES

         Petitioner 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 incarcerations.”

Pet. 6-7, ECF No. 1.

         Petitioner 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.

         III. RULE 5 STATEMENT

         Respondent does not assert the petition is barred by successiveness but does assert that the petition is barred by the federal statute of limitations and ...


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