Hulsey v. Rick Thaler, Director TDCJ-CID, No. 4:2009cv00207 - Document 26 (N.D. Tex. 2009)
Court Description: ORDER ADOPTING 18 Findings and Recommendations of Magistrate Judge. ORDERS that the application for writ of habeas corpus (titled "Petition for Writ of Habeas Corpus by a Person in Stat Custody") by which this action was initiated on April 9, 2009 be, and is hereby, dismissed with prejudice as time-barred. [see order for specifics] (Ordered by Judge John McBryde on 9/23/09) (cxb) Modified on 9/24/2009/Dist 9/24 (cxb).
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Hulsey v. Rick Thaler, Director TDCJ-CID Doc. 26 IN THE UNITED STATES DISTRIck·c~~±~~:'~;I~~;~fOFT£:~l NORTHERN DISTRICT OF TE AS FORT WORTH DIVISION I § CLERK, U.S. DISTRICT COURT I I § JAME SEP 23 2fm IlelJuty HULSEY, Applicant, I By _ _--:-:---: _ '-"'''_._~--- § § VS. § NO. 4:09-CV-207-A § THALER,l DIRECTOR, TEXAS TMENT OF CRIMINAL JUSTICE, CTIONAL INSTITUTIONS ION, RICK DEPA CORR DIVI § § § § § Respondent. § o R D E R In response to the directives contained in the August 12, 1 2009~ order in the above-captioned action, respondent, Rick :1 ThaI r, Director, Texas Department of Criminal Justice, Corr ctional Institutions Division, filed under seal on September 22, 009, seven volumes of mental health records pertaining to appl cant, James Hulsey, covering the time period of December 2001 through the current date, with some omissions that the court II doeslnot consider to be relevant to the issues to be decided by the ourt. The critical time period starts December I, 2003, --il~-----:!lThe court has been informed that Rick Thaler has succeeded Nathaniel Quarterman as Director of theiexas Department of Criminal Justice, Correctional Institutions Division. Therefore, Rick Thaler is autorticallY substituted for NathanieI Quartennan as a party. See Fed. R. Ci v. P. 25(dX J). Dockets.Justia.com II whic is the date on which applicant's judgment of conviction beca e final by expiration of the time for seeking direct review. The court questions that it was furnished all records I pert1ining to applicant's mental health care and treatment for the iears 2003 and 3004. one So far as the court can determine, only age of the 1,106 pages of records in the seven volumes I pert ins to any care or treatment of applicant during the year 2003 See Vol. V at 623 (pertaining to a December 29, 2003, asse sment of applicant at the Health Services Division of the Texa Department of Criminal Justice). And, the court only finds four pages of records pertaining to any care or treatment of appl cant during the year 2004. to a See Vol. V at 624-27 (pertaining assessment of applicant at University of Texas Medical Bran h Correctional Managed Care, Mental Health Services in early 2004 However, the court has what appear to be rather complete reco ds of applicant's care and treatment through the criminal just ce system throughout the years 2005-2008. The records reflect that applicant has been diagnosed with rath r serious mental conditions, but that the symptoms of his cond tions were kept reasonably well under control by medication thro ghout the years 2005-2008. Throughout most of that time appl cant was successfully participating in weekly therapy 2 sess ons. The notations of those sessions generally speaking indi ate that he was attentive and responsive during the sessions and articipated appropriately.2 See, e.g., Vol. V at 702, 712. Entries in the records indicate that applicant had the abil ty, notwithstanding his mental problems, to think about and deal with his personal situations in an effective manner. ~ if, Vol. V at 654 See, ("Patient is to write Social Security to see ince he has been declared disabled by them previously, it woul be possible for his two young children to receive benefits (his older children received this in the past) ."); Vol. 5 at 768 ("Pa ient's primary expressed concern at this time involves his serv ng 30 yr aggravated sentence and inability to this point to find a way to get his sentence reduced. his ime thus far. feel He has served 5 years of Reports lengthy history of mental illness but he is doing well on his present meds."); Vol. III at 498, 503- 4 (written requests dated October 18, 2006, September 4, 20f interest is an October 25,2007, entry concerning applicant's mental status, saying: Patient was oriented x4, Mood somber with congruent affect, behavior calm and plite [sic]. Patient was neither delusional nor experiencing hallucinations. Thoughts logical, speech clear and goal directed. No suicidal or homicidal ideations. Judgement and insight were fair. Vol. V at 880. 3 2007 and September 27, 2007, by applicant for copies of certain of h s medical records) . An entry dated December 10, 2007, provides insight into appl cantls consciousness of complaints he might have against his form r attorney: Patient attended therapy session at his request. Problems/issues addressed: patient's feelings of irritation and anger with his former attorney who the patient believes blatantly lied in his defense to the patient's appeal which is based on ineffective legal representation. Vol. VI at 890. The court is unable to find anything in the volumes of medi al records provided by respondent that would cause the court to b lieve that any incapacity or mental illness of applicant woul provide basis for equitable tolling of the limi ations period. § 2244(d) To the contrary, the medical records conv nce the court that nothing about applicant's mental cond tion or the treatment he received therefor provides just fication for the untimely filing of his state habeas appl cations in October 2007 or provides basis for equitable toll ng of the statute of limitations so as to excuse the unti ely filing of the habeas application under consideration in Marc 2009. 4 Therefore, the court adopts the proposed findings and conc usions and the recommendation of the magistrate judge, and, The court ORDERS that the application for writ of habeas corp s (titled "Petition for Writ of Habeas Corpus by a Person in Stat Custody") by which this action was initiated on April 9, 2009 be, and is hereby, dismissed I SIGNED September 23, 2009. 5
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