Corey Keith v. Director, TDCJ-CID

Summary

A magistrate judge recommends dismissing with prejudice Corey Keith’s 28 U.S.C. § 2254 petition challenging nine TDCJ prison disciplinary proceedings. The recommendation concludes that Keith exhausted only one claim, which concerned non-cognizable sanctions, and procedurally defaulted the claims involving lost good-time credits without showing cause, prejudice, futility, or actual innocence.

Holdings

1. A state prisoner challenging a Texas prison disciplinary proceeding under 28 U.S.C. § 2254 must exhaust the available two-step TDCJ grievance process, and both grievance steps must be completed.
2. Loss of commissary, recreation, telephone, visitation, tablet, or cell privileges, and loss of line status or the opportunity to earn good time, do not by themselves implicate a constitutionally protected liberty interest sufficient to support habeas relief.
3. Keith's asserted medical condition did not establish that the TDCJ grievance process was unavailable or ineffective, and therefore did not excuse his failure to exhaust.
4. Keith's unexhausted claims were procedurally defaulted because the TDCJ deadlines for filing grievances had passed and he failed to show cause and prejudice or a fundamental miscarriage of justice.

Questions Presented

1. Whether Keith exhausted the administrative remedies required for his challenges to the nine prison disciplinary proceedings.
2. Whether the disciplinary sanctions involving loss of commissary privileges, recreation, cell, telephone, visitation, tablet privileges, or line status implicated a constitutionally protected liberty interest cognizable in habeas.
3. Whether Keith's medical condition rendered the TDCJ grievance process ineffective or otherwise excused his failure to exhaust the disciplinary cases involving loss of good-time credits.
4. Whether the unexhausted claims were procedurally defaulted and whether Keith established cause and prejudice or a fundamental miscarriage of justice.
5. Whether dismissal should be with prejudice because the deadlines for completing the administrative remedy process had passed.

Disposition

other