Powell v. Quarterman , 294 F. App'x 166 ( 2008 )


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  •           IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 07-40298
    FILED
    September 30, 2008
    Summary Calendar
    Charles R. Fulbruge III
    Clerk
    ARTHUR LEE POWELL
    Petitioner-Appellant
    v.
    NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF
    CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION
    Respondent-Appellee
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 2:06-CV-224
    Before HIGGINBOTHAM, BARKSDALE and ELROD, Circuit Judges.
    PER CURIAM:*
    Arthur Lee Powell, Texas prisoner # 438963, appeals the dismissal of his
    28 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
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
    should not be published and is not precedent except under the limited
    circumstances set forth in 5TH CIR. R. 47.5.4.
    No. 07-40298
    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.
    2
    

Document Info

Docket Number: 07-40298

Citation Numbers: 294 F. App'x 166

Judges: Barksdale, Elrod, Higginbotham, Per Curiam

Filed Date: 9/30/2008

Precedential Status: Non-Precedential

Modified Date: 8/2/2023