Powell v. Quarterman
Powell v. Quarterman
Opinion
Arthur Lee Powell, Texas prisoner # 438963, appeals the dismissal of his 28 *167 U.S.C. § 2254 petition, in which he challenged a disciplinary proceeding. A certificate of appealability was granted on whether Powell was entitled to mandatory supervised release, thereby creating a liberty interest in the process he received at the disciplinary hearing. The respondent asserts that Powell was entitled to mandatory supervised release and that the case should be remanded in light of Teague v. Quarterman, 482 F.3d 769, 773 (5th Cir. 2007). The respondent has also filed a motion to remand the case.
The respondent’s motion to remand is GRANTED. The district court’s dismissal of Powell’s due process claim is VACATED, and the case is REMANDED to the district court for it to consider the merits of Powell’s due process claim regarding the loss of good time credit.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *167 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- Arthur Lee POWELL, Petitioner-Appellant v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee
- Status
- Unpublished