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TEXAS DEPT. OF CRIMINAL JUSTICE v. McBRIDE

No. 08-0832.

317 S.W.3d 731 (2010)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Petitioner, v. Kirk Wayne McBRIDE, Sr., Respondent.

Supreme Court of Texas.

June 11, 2010.

Attorney(s) appearing for the Case

Kristofer S. Monson, Assistant Solicitor General, Austin TX, Attorney General Greg W. Abbott, Attorney General of Texas, Austin, TX, Kent C. Sullivan, Austin, TX, David S. Morales, Office of the Attorney General of Texas, Austin, TX, Julia Hamill Murray, Austin, TX, James C. Ho, Solicitor General of Texas, Austin, TX, Clarence Andrew Weber, First Assistant Attorney General, Austin, TX, for Petitioner.

Kirk Wayne McBride Sr., Tennessee Colony, TX, pro se.

Christy Lynn Martin, Manuel Lopez, Shook, Hardy & Bacon L.L.P., Houston, TX, for Respondent.

Chief Justice JEFFERSON delivered the opinion of the Court.

Kirk Wayne McBride, Sr. is an inmate at a Texas Department of Criminal Justice facility. Several years ago, the Department charged McBride with possession of an alcoholic beverage and entered findings against him in an administrative disciplinary hearing. McBride filed a Step 1 Grievance pursuant to the Department's appeals process. McBride later learned that his Step 1 Grievance had been closed. He then...

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