United States District Court, N.D. Texas, Dallas Division
FINDINGS, CONCLUSIONS, AND RECOMMENDATION
CARRILLO RAMIREZ, UNITED STATES MAGISTRATE JUDGE
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.
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).
State Court Proceedings
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). On March 20, 1996, the Fifth
Court of Appeals affirmed judgment. See
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).
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
(b) failing to consider all written documentation in
(c) denying a rehearing; and
(d) failing to “make or consider” certain parole
(See doc. 3 at 6-7). Respondent filed a response on
May 22, 2018. (See doc. 17). Petitioner did ...