IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

ROBERT CALDWELL §

VS. § CIVIL ACTION NO. 1:23cv249

DIRECTOR, TDCJ-CID §

ORDER OVERRULING OBJECTIONS AND ADOPTING 

THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

Petitioner Robert Caldwell, proceeding pro se, brought this petition for writ of habeas corpus

pursuant to 28 U.S.C. § 2254 challenging a prison disciplinary conviction. The Court previously

referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge. The

Magistrate Judge has submitted a Report and Recommendation of United States Magistrate Judge

recommending the petition be denied.

The Court has received the Report and Recommendation of United States, along with the

record and pleadings. Petitioner filed objections to the Report and Recommendation.

The court has conducted a de novo review of the objections in relation to the pleadings and

the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes

petitioner’s objections lack merit. As petitioner was previously convicted of aggravated assault and

is therefore not eligible for release on mandatory supervision, the punishment he received as a result

of his disciplinary conviction did not entitle him to due process of law in connection with the

disciplinary proceeding. Malchi v. Thaler, 211 F.3d 953, 958 (5th Cir. 2000); Washington v. Davis,

792 F. App’x 331, 333 (5th Cir. 2020). As a result, the Court concludes petitioner’s objections are

without merit.1

1

 Petitioner also objects to the Magistrate Judge’s involvement in this matter without his consent. However,

28 U.S.C. § 636(b)(1)(B) permits the court to designate a magistrate judge to submit proposed findings of fact and

recommendations for the disposition of applications for post-trial relief made by individuals convicted of criminal

offenses.

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ORDER

Accordingly, petitioner’s objections [Dkt. 37] are OVERRULED. The findings of fact and

conclusions of law of the Magistrate Judge are correct and the report of the Magistrate Judge [Dkt.

10] is ADOPTED as the opinion of the Court. A final judgment shall be entered in accordance with

the recommendation of the Magistrate Judge.

In addition, the Court is of the opinion that the petitioner is not entitled to a certificate of

appealability. An appeal from a judgment denying federal habeas relief may not proceed unless a

judge issues a certificate of appealability. See U.S.C. § 2253. The standard that must be met in

order to receive a certificate of appealability requires the petitioner to make a substantial showing

of the denial of a federal constitutional right. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000);

Elizalde v. Dretke, 362 F.3d 323, 328 (5th Cir. 2004). To make a substantial showing, the petitioner

is not requited to demonstrate that he would prevail on the merits. Rather, he need only demonstrate

that the issues are subject to debate among jurists of reason, that a court could resolve the issues in

a different manner, or that the questions presented in the petition are worthy of encouragement to

proceed further. See Slack, 529 U.S. at 483-84. Any doubt regarding whether to grant a certificate

of appealability should be resolved in favor of the petitioner, and the severity of the penalty may be

considered in making this determination. See Miller v. Johnson, 200 F.3d 274, 280-81 (5th Cir.

2000).

In this case, the petitioner has not shown that the issues raised in his petition are subject to

debate among jurists of reason. The factual and legal questions raised by petitioner have been

consistently resolved adversely to his position and the questions presented are not worthy of

encouragement to proceed further. As a result, a certificate of appealability shall not issue. 

____________________________

Michael J. Truncale

United States District Judge SIGNED this 25th day of April, 2024.

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