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Swanson v. Davis

United States District Court, N.D. Texas, Dallas Division

February 28, 2019

ANTOINE SWANSON Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

          FINDINGS, CONCLUSIONS, AND RECOMMENDATION

          IRMA CARRILLO RAMIREZ, UNITED STATES MAGISTRATE JUDGE

         By Special Order 3-251, this habeas case has been automatically referred for findings, conclusions, and recommendation. Based on the relevant filings and applicable law, the petition for writ of habeas corpus should be DENIED with prejudice.

         I. BACKGROUND

         Antoine Swanson (Petitioner), an inmate currently incarcerated in the Texas Department of Criminal Justice-Correctional Institutions Division (TDCJ-CID), filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction for murder. The respondent is Lorie Davis, Director, TDCJ-CID (Respondent).

         A. State Court Proceedings

         Petitioner was convicted of murder in Cause No. F-9204117 in Criminal District Court No. 2 of Dallas County, Texas, on October 22, 1993, and sentenced to 25 years' confinement. (See doc. 18-4 at 20[1]). On March 20, 1996, the Fifth Court of Appeals affirmed judgment. See http://www.search.txcourts.gov/Case.aspx?cn=05-93-01867-CR&coa=coa05. On September 25, 2017, Petitioner filed two state habeas applications challenging the denial of parole. (See doc. 18-2 at 18; doc 18-4 at 25). In November 2017, the Texas Court of Criminal Appeals (CCA) dismissed both applications as non-compliant. (See doc. 18-1; doc. 18-3).

         B. Substantive Claims

         Petitioner's habeas petition, received on December 28, 2017, appears to raise the following ground:

(1) The Texas Board of Pardons and Parole (the Board) violated his Fourteenth Amendment right to due process and equal protection when it denied him parole by:
(a) “subjecting Petitioner to disparate treatment;”
(b) failing to consider all written documentation in Petitioner's case;
(c) denying a rehearing; and
(d) failing to “make or consider” certain parole recommendations.

(See doc. 3 at 6-7). Respondent filed a response on May 22, 2018. (See doc. 17). Petitioner did ...


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