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Russell v. Davis

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

June 25, 2018

EDWARD LYNN RUSSELL, Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          MEMORANDUM OPINION AND ORDER

          JOHN MCBRYDE, UNITED STATES DISTRICT JUDGE

         This is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by petitioner, Edward Lynn Russell, a state prisoner confined in the Correctional Institutions Division of the Texas Department of Criminal Justice (TDCJ), against Lorie Davis, director of TDCJ, respondent. After having considered the pleadings, state court records, and relief sought by petitioner, the court has concluded that the petition should be summarily dismissed as an unauthorized successive petition. No. service has issued upon respondent.

         I. Factual and Procedural History

         In 2011 petitioner was convicted in Tarrant County, Texas, No. 1254067R, on eleven counts of violating the requirements of his civil commitment as a sexually violent predator under Texas Health and Safety Code § 841.085 and was sentenced to 20 years confinement on each count. Former § 841.085(a) provides that "[a] person commits an offense if, after having been adjudicated and civilly committed as a sexually violent predator under this chapter, the person violates a civil commitment requirement imposed under Section 841.082(a)(1), (2), (4), or (5)." Act of May 27, 2007, 80th Leg., R.S., ch. 1219, § 8, 2007 Tex. Gen. Laws 4115, 4117. Section 841.082 provides:

(a) Before entering an order directing a person's outpatient civil commitment, the judge shall impose on the person requirements necessary to ensure the person's compliance with treatment and supervision and to protect the community. The requirements shall include:
(1) requiring the person to reside in a Texas residential facility under contract with the council or at another location of facility approved by the council;
(2) prohibiting the person's contact with a victim or potential victim of the person;
(3) prohibiting the person's possession or use of alcohol, inhalants, or a controlled substance;
(4) requiring the person's participation in and compliance with a specific course of treatment;
(5) requiring the person to:
(A) submit to tracking under a particular type of tracking service and to any other appropriate supervision; and
(B) refrain from tampering with, altering, modifying, obstructing, or manipulating the tracking equipment.
(6) prohibiting the person from changing the person's residence;
(7) if determined appropriate by the judge, establishing a child ...

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