Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johnson v. Davis

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

December 27, 2019

LEE ANTHONY JOHNSON, TDCJ #290961, Petitioner,
v.
LORIE DAVIS, Director, Texas Department of Criminal Justice - Correctional Institutions Division, Respondent.

          MORU OPINION A ORER

          SIM LAKE SENIOR UNITED STATES DISTRICT JUDGE

         Lee Anthony Johnson (TDCJ #290961) has filed a Petition for a Writ of Habeas Corpus by a Person in State Custody ("Petition") (Docket Entry No. 1), challenging an adverse decision by officials with the Texas Board of Pardons and Paroles ("Parole Board") . He has also filed a Motion for Memorandum of Law in support of his claims ("Petitioner's Memorandum") (Docket Entry No. 11). Now pending is Respondent's Motion for Summary Judgment with Brief in Support ("Respondent's MSJ") (Docket Entry No. 18), arguing that the Petition is barred by the governing one-year statute of limitations and, alternatively, is without merit. In response, Johnson has filed an "Affidavit" in support of his request for release from confinement (Docket Entry No. 20). After considering all of the pleadings, the state court records, and the applicable law, the court will grant Respondent's MSJ and will dismiss this action for the reasons explained below.

         I. Background and Procedural History

         Johnson is presently incarcerated by the Texas Department of Criminal Justice ("TDCJu) at the Stiles Unit in Beaumont, Texas, [1]as the result of a conviction entered against him for aggravated rape in 1979, in Harris County Cause No. 290246, which resulted in a life sentence.[2] See Johnson v. Dretke, Civil No. H-06-1137 (S.D. Tex. April 10, 2006) (Docket Entry No. 4, p. 2). Johnson does not challenge the validity of this conviction.

         On February 21, 2019, Johnson executed the pending Petition, alleging that his parole was wrongfully revoked in "March/April 2017.u[3] It is evident from his claims, however, that Johnson takes issue with an adverse decision regarding his eligibility for early release on parole, and not a revocation proceeding. Johnson contends that he is entitled to relief because he was denied parole without due process as follows:

1. The Parole Board discriminated against him by denying him release on parole
2. He was improperly denied parole "in retaliation" for reporting misconduct or mistreatment of inmates by officers, which has also caused him to be transferred to different prison facilities, subjected to racial epithets, and assaulted on one occasion by a female correctional officer in 2013.
3. He was denied parole based on "false information" in his file that also has been used to improperly impose a five-year "set off" for his next review.
4. He was denied parole without due process because every member of the Parole Board does not attend interviews with inmates or allow inmates to respond to questions and does not afford counsel for inmates with mental health issues.[4]

         Noting that Johnson challenges an adverse decision by the Parole Board that was made in 2016, the respondent argues that the Petition must be dismissed as untimely and, in the alternative, without merit because Texas inmates do not have a right to parole.[5]

         II. Discussion

         A. The One-Year Statute of Limitations

         According to the Antiterrorism and Effective Death Penalty Act of 1996 (the "AEDPA"), Pub. L. No. 104-132, 110 Stat. 1214 (1996), all federal habeas corpus petitions filed after April 24, 1996, are subject to a one-year limitations period found in 28 U.S.C. § 2244(d), which runs from the latest of -

(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.