GUTIERREZ v. JOHNSON

No. 01-96-01246-CV.

934 S.W.2d 809 (1996)

Robert Pena GUTIERREZ, Relator, v. Director of TDCJ-ID Gray JOHNSON, Director of TDCJ-ID Operations Wayne Scott, State Board of Classification Assistant Warden K. Moore, and Major R. Tilley, Respondents.

Court of Appeals of Texas, Houston (1st Dist.).

October 24, 1996.


Attorney(s) appearing for the Case

Robert P. Gutierrez, Tennessee Colony, for relator.

K. Warden Moore, Tennessee Colony, Wayne Scott, Huntsville, for respondents.

Before O'CONNOR, HUTSON-DUNN and ANDELL, JJ.


OPINION

O'CONNOR, Justice.

Relator, Robert Pena Gutierrez, a prison inmate in the Texas Department of Criminal Justice (TDCJ), seeks mandamus to compel the prison warden to comply with the procedural rules of the TDCJ disciplinary handbook. Relator alleges he has been illegally confined in "investigative status and/or segregation" for over 180 days without a hearing in violation of the handbook. He argues he has...

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