Anthony vs. Johnson, (5th Cir. 1999)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 98-50735 Summary Calendar DAVID ANTHONY, Plaintiff-Appellant, versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. SA-98-CV-524 March 18, 1999 Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM: * David Anthony, Texas prisoner #602435, appeals from the dismissal of his habeas corpus petition seeking relief from a prison disciplinary hearing that resulted in the loss of goodconduct time for failure to exhaust state-law remedies. Texas state courts will not entertain habeas corpus challenges to prison disciplinary proceedings. Ex parte Palomo , 759 S.W.2d 671, 674 (Tex.
Crim.
App. 1988). Accordingly, a Texas prisoner seeking to challenge the outcome of a prison disciplinary hearing in habeas corpus proceedings need exhaust only prison grievance procedures. See Gartrell v. Gaylor , 981 F.2d 254, 258 n. 3 (5th Cir. 1993). The district court therefore erred by holding that Anthony had failed to exhaust state-law remedies because he had not sought relief in state court following his pursuit of relief in the prison grievance procedure. Should the district court wish to consider the exhaustion issue following our remand, the district court may wish to obtain copies of AnthonyÂ’s prison grievances and the responses to those grievances.
VACATED AND REMANDED.
No. 98-50735
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