United States District Court, S.D. Texas
MEMORANDUM AND RECOMMENDATION
BRAY, UNITED STATES MAGISTRATE JUDGE
Dobbs filed a petition for writ of habeas corpus under 28
U.S.C. § 2254, challenging the outcome of a prison
disciplinary proceeding. (D.E. 1.) Lorie Davis has moved to
transfer venue to the Galveston Division or, in the
alternative, for summary judgment. (D.E. 13.) The court
recommends that Davis's motion for summary judgment be
granted and Dobbs's petition be denied with prejudice.
is serving a seven-year sentence for driving while
intoxicated. On November 1, 2017, a prison officer filed an
offense report alleging that Dobbs hit her hand with a book
during a routine search. The offense report stated that Dobbs
threw papers at the table where the officer was searching his
belongings. The officer twice warned Dobbs but Dobbs went on
to strike her hand with a book. The officer was not injured.
disciplinary hearing was held on November 3, 2017. Dobbs
testified that any contact he made with the officer was an
accident. The officer testified that Dobbs intentionally
struck her. Another officer who witnessed the incident
submitted a statement stating that Dobbs intentionally struck
disciplinary hearing officer found Dobbs guilty. As
punishment, the disciplinary officer ordered (1) forty-five
days of commissary restriction, telephone restriction, and
cell restriction; (2) reduction in line class from S3 to L2;
and (3) loss of 250 days of good time.
submitted a step-one grievance, arguing that an investigation
would have revealed witnesses who would have exonerated him.
The step-one grievance was denied. Dobbs submitted a step-two
grievance, arguing that the complaining officer lied, and
that another inmate who was sitting across from Dobbs during
the search witnessed the actual course of events. The
step-two grievance was denied.
filed the present petition seeking federal habeas relief.
Lorie Davis moved to transfer venue, or, in the alternative,
for summary judgment.
Venue is proper in the Houston Division.
is incarcerated in the Wayne Scott Unit of the Texas
Department of Criminal Justice in Brazoria County, within the
Galveston Division of this district. See 28 U.S.C.
§ 124(b)(1) (2018). Venue is proper in any division in
this district because Mr. Dobbs was convicted and sentenced
by a state court located in this district and is in custody
within this district. See 28 U.S.C. § 2241(d).
Dobbs could have filed his petition in the Galveston
Division, the parties would not be inconvenienced by
retaining venue in the Houston Division. See 28
U.S.C. § 1404(a) (“For the convenience of parties
and witnesses, in the interest of justice, a district court
may transfer any civil action to any other district or
division where it might have been brought . . . .”).
Davis has filed the state court records and no evidentiary
hearing is necessary. Therefore, the court denies Davis's
motion to transfer venue.
federal habeas petition states four grounds for relief: (1)
Dobbs is a minimum security risk inmate but is held at a
medium security facility; (2) the complaining officer lied at
the hearing, and Dobbs's counsel substitute was biased
against him; (3) the complaining officer was biased because
she previously accused Dobbs of violating another TDCJ policy
but the accusation turned out to be false; and (4) the
reduction of line class made him ineligible for parole.
argues that Dobbs failed to exhaust all claims except for his
claim that the complaining officer lied. Davis argues that
sufficient evidence supports the outcome of the prison
disciplinary hearing and ...