Porter v. Director, TDCJ-CID

Summary

A United States magistrate judge recommends denying Steven Ray Porter’s 28 U.S.C. § 2254 petition challenging the Texas Board of Pardons and Paroles’ denial of parole. The recommendation concludes that Texas law creates no constitutional right or expectancy of parole release, so the petitioner’s parole-related due process claims are not cognizable in federal habeas proceedings.

Holdings

1. The petition should be denied because the petitioner did not identify a constitutional or federal-law right violated by the denial of parole.
2. Texas law does not create a constitutionally protected right or expectancy of release on parole; therefore, claims arising from the denial of parole are not cognizable under federal habeas law.

Questions Presented

1. Whether the denial of parole by the Texas Board of Pardons and Paroles violated a constitutionally protected right cognizable in a federal habeas petition under 28 U.S.C. § 2254.
2. Whether Texas law creates a liberty interest or constitutional expectancy of release on parole sufficient to support procedural or substantive due process relief.

Disposition

other