United States District Court, S.D. Texas, Galveston Division
MEMORANDUM OPINION AND ORDER
JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE
Mauro Castaneda Palacio, an inmate in the Texas Department of
Criminal Justice-Correctional Institutions Division
(“TDCJ”), filed a petition for a writ of habeas
corpus under 28 U.S.C. § 2254 (Dkt 1). Based on
Palacio's certified inmate trust fund statement (Dkt. 3),
his motion for leave to proceed in forma pauperis
(Dkt. 2) will be granted. After review under
Rule 4 of the Rules Governing § 2254 Cases in the United
States District Courts, and having considered the pleadings,
the applicable law, and all matters of record, the Court will
dismiss this case for the reasons explained
is incarcerated in TDCJ's Wayne Scott Unit in Brazoria
County. He is serving a sentence for two 2019 convictions in
the 220th District Court of Hamilton County for online
solicitation of a minor, No. CR08386 & CR08387.
See Dkt. 1, at 2; Offender Information, available at
(last visited Oct. 29, 2019).
petition, executed on September 30, 2019, does not challenge
his conviction or sentence. Rather, he challenges a detainer
against him from the United States Marshal (Dkt. 1, at 2). He
raises one ground for relief, which he articulates as
TDCJ has placed a [d]etainer from U.S. Marshal that will
affect my release. Mistakenly a detainer has been placed on
me by TDCJ for A03CR30201SS U.S. Marshal-Houston (supervised
release violation)[.] [H]owever, I was released by the Bureau
of Prisons on 4/19/2019 for that violation. My federal
[probation officer] already mailed me reporting instructions.
(Dkt. 1, at 6). Palacio's citation to
“A03CR30201SS” apparently refers to United
States of America v. Mauro Castaneda Palacio,
Criminal Action No. 1:03-CR-00302-SS-1, which is a closed
criminal case against Palacio in the Western District of
Texas, Austin Division. See Dkt. 1, at 12-13.
attaches a letter addressed to him from his federal probation
officer in Austin, dated August 6, 2019, explaining that
Palacio will be placed on supervised release after his
release from TDCJ:
On September 29, 2017[, ] you were sentenced to 24 months
imprisonment. As you know, in addition to the term of
imprisonment, the court ordered that you be placed on
supervised release for a term of 120 months.
Upon release from TDCJ, these are your instructions:
Within 72 hours of your release from confinement, you are
instructed to report to the U.S. Probation Office [in
Austin]. The service of your term of supervised release in
Docket No. 1:03CR00302(01) has not yet begun. You will not
receive credit towards your term of supervised release for
any time you are presently serving in the confinement of the
Texas Department of Criminal Justice. . . .
Again, the service of your term of supervised release will
not commence until your release from confinement. . . .
(Dkt. 1, at 13). Palacio also supplies a letter from TDCJ
dated August 9, 2019, notifying the United States Marshal
that Palacio's projected release date from TDCJ was
November 7, 2019 (Dkt. 1, at 12).
search for Palacio's records in TDCJ's publicly
available online database indicates that Palacio was denied
release to discretionary mandatory supervision on October 14,
2019, and is not set for further review at this time.
See Offender Information, available at