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Palacio v. Davis

United States District Court, S.D. Texas, Galveston Division

October 30, 2019

MAURO CASTANEDA PALACIO, TDCJ # 02271249, Petitioner,
v.
LORIE DAVIS, Respondent.

          MEMORANDUM OPINION AND ORDER

          JEFFREY VINCENT BROWN UNITED STATES DISTRICT JUDGE

         Petitioner 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 below.

         I. BACKGROUND

         Palacio 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 https://offender.tdcj.texas.gov/Offender Search/index.jsp (last visited Oct. 29, 2019).

         Palacio's 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 follows:

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.

         Palacio 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).

         A 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 ...


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