United States District Court, N.D. Texas, Fort Worth Division
GARY W. TARVER, Petitioner,
LORIE DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.
OPINION AND ORDER
R . MEANS UNITED STATES DISTRICT JUDGE.
a petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 filed by Petitioner, Gary W. Tarver, 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 denied.
Factual and Procedural History
is serving a 20-year sentence for his 2011 conviction in Hood
County, Texas, No. CR11889, for felony DWI. (04SHR 78, doc.
13-10.) It appears that the Texas Board of
Pardons and Paroles (BOP) has denied Petitioner release on
parole on five occasions, most recently on January 2, 2018.
(Resp't's Answer, Ex. A, doc. 12-1.) In this
petition, Petitioner raises the following six grounds for
(1) the delegation of the BOP's decision-making and
“assigned statutory responsibility” to TDCJ
violates Texas's separation-of-powers doctrine;
(2) the requirement that the BOP vote in favor of release on
parole violates due process;
(3) TDCJ acts in bad faith by altering inmates' records
to include criminal conduct that disqualifies them for
consideration for parole and “building” records
that are “neither accurate nor honest”;
(4) TDCJ's practice of treating good-time and work
credits as discretionary usurps judicial authority in
violation of Texas's separation-of-powers doctrine;
(5) there is no right to appeal the parole decision to a
court of law or challenge errors in the BOP's decision;
(6) the BOP engages in arbitrary and capricious
decision-making “without disclosing eligibility
criteria, the applications of guidelines or evidence relied
(Pet. 6-8,  doc. 1; Pet'r's Mem. 8-19, doc.
Rule 5 Statement
does not argue that the petition is successive or barred by
the federal statute of limitations or that the claims are