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.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-98-CV-524
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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 good-
conduct 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
*
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that this opinion should not be published and is not precedent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. 98-50735
-2-
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 Anthony’s prison
grievances and the responses to those grievances.
VACATED AND REMANDED.