Ruiz v. Warden FCI Texarkana

CourtDistrict Court, E.D. Texas
DecidedMarch 31, 2025
Docket5:23-cv-00048
StatusUnknown

This text of Ruiz v. Warden FCI Texarkana (Ruiz v. Warden FCI Texarkana) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ruiz v. Warden FCI Texarkana, (E.D. Tex. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

RAFAEL VERDEJO RUIZ, § § Petitioner, § § v. § CIVIL ACTION NO. 5:23-CV-106-RWS-JBB § WARDEN, FCI-TEXARKANA, § § Respondent. §

ORDER Before the Court are Petitioner Rafael Verdejo Ruiz’s objections to the Magistrate Judge’s Report and Recommendation. Docket No. 23. Petitioner, an inmate currently confined at the Federal Correctional Institutional at Texarkana proceeding pro se, filed the above-styled and numbered petition for the writ of habeas corpus under 28 U.S.C. § 2241 in the form of a “request for statutory interpretation.” Docket No. 1. Specifically, he asks if a dishonorable discharge from the United States military can be executed if the appellate process is incomplete or fails to meet the requirements of the Uniform Code of Military Justice. The case was referred to United States Magistrate Judge J. Boone Baxter in accordance with 28 U.S.C. § 636. I. Background Petitioner, a former member of the Air Force, was convicted in 2011 of rape of a person between the ages of 12 and 16, carnal knowledge of a person between the ages of 12 and 16, sodomy of a person between the ages of 12 and 16, and indecent acts upon the body of a female under the age of 16. Docket No. 21 at 1. He was sentenced to a dishonorable discharge, 25 years of confinement, reduction in grade from E-6 to E-1, and forfeiture of all pay and allowances. The convening authority approved the dishonorable discharge, 25 years’ confinement, and reduction in rank, but disapproved the forfeitures of pay and allowance and waived the imposition of automatic forfeitures for six months for the benefit of Petitioner’s wife and children. Petitioner filed several appeals and requests for review through the military courts, all of which were denied. In his present petition for habeas corpus relief, Petitioner argues that his dishonorable

discharge was executed after the appellate proceedings and that the military appellate courts lacked jurisdiction to entertain habeas petitions. Docket No. 1. He asserts that he had two appellate reviews which were illegal, explaining that the first of these was conducted in violation of the Appointments Clause and the second was illegal because he had filed a grant of review request within 60 days, thus divesting the Air Force Court of Criminal Appeals of jurisdiction. Id. at 2. Because these reviews were allegedly illegal, Petitioner argues that they cannot serve as final judgment of the legality of the proceedings, meaning that in his view, the dishonorable discharge could not be executed. Id. at 3. He contends that he filed a request for grant of review within 60 days of the decision date, which was July 18, 2013, which divested the Air Force Court of Criminal Appeals of jurisdiction. Despite this, he says that the court nonetheless conducted a reconsideration

review on August 14, 2014. Petitioner stated that he never actually filed a request for reconsideration, but the Court of Appeals for the Armed Forces improperly treated his motion to vacate as a request for reconsideration and sent to the Air Force Court of Criminal Appeals, resulting in the reconsideration review in August of 2014. Petitioner then sought review from the Court of Appeals for the Armed Forces, but this petition was denied on March 26, 2015. Docket No. 21 at 2. A subsequent untimely motion for reconsideration was also denied, and Petitioner was discharged from the Air Force on April 14, 2015. The Court of Appeals for the Armed Forces denied relief on June 22, 2016. Petitioner maintains that the present federal habeas petition is not a collateral attack on the validity of his conviction or sentence, nor is he saying that the trial court could not give him a dishonorable discharge or that the trial court lacked jurisdiction. Docket No. 1 at 1. Instead, his claim is that the punishment of a dishonorable discharge cannot be executed yet because his appellate

review remains incomplete. He further states that he is not requesting a retrial, but that his choice of forum cannot deprive him of relief to which he is entitled, including immediate release from confinement and restoration of all rights and privileges. Id. at 8. Respondent filed a motion to dismiss, arguing that Petitioner has filed four habeas petitions related to this conviction and so the present one should be dismissed as an abuse of the writ. Docket No. 11 at 1. Respondent also says that in his second petition, as in the present case, Petitioner argued that the reconsideration by the Air Force Court of Criminal Appeals was illegal. This claim was denied by this Court and affirmed by the Fifth Circuit. Petitioner’s previous filings include Ruiz v. Edge, Case No. 5:18-cv-22 (E.D. Tex.); Ruiz v. Warden, FCI-Texarkana, Case No. 5:22-cv- 40 (E.D. Tex.); and Ruiz v. Warden, FCI-Texarkana, Case No. 5:23-cv-48 (E.D. Tex.). This last

petition concerns time credits under the First Step Act and not his conviction. In his response to the motion to dismiss, Petitioner argues that he is asserting a claim of lack of subject matter jurisdiction, which can be raised at any time. Docket No. 12 at 1. Consequently, he says that challenges to subject matter jurisdiction are an exception to the abuse of the writ doctrine. Petitioner also maintains that his previous petition challenged the legality of his conviction, while the present one challenges the execution of a portion of his punishment, the dishonorable discharge. He argues that the dishonorable discharge cannot be executed until he has a proper appellate review, which he says has not occurred. Id. at 6. Petitioner asserts that any defense raised by Respondent would lack merit because: (1) his conviction for carnal knowledge constitutes an implied acquittal on the charge of rape; (2) the rape and carnal knowledge convictions were considered multiplicative for purposes of sentencing but he remains convicted of both; (3) he was not in the continental United States for at least part of the

time frame covering the accusation because he was stationed in Hawaii; and (4) his convictions for rape and sodomy are unconstitutional because, in creating the statute, Congress did not permit or define “constructive force” to convict. Id. at 7–8. Respondent filed a reply to Petitioner’s response, stating that Petitioner raised his claim of lack of jurisdiction in a previous petition, rendering the present one an abuse of the writ. Docket No. 14 at 2. Petitioner asserted in his surreply that, in his previous petition, the district court construed his claim as concerning the length of time it took to conduct his appeals, while in the present case, he is claiming that the military court lacked jurisdiction because he had submitted a motion for grant of review. Docket No. 16. He says this contention was never addressed and he should not be cited for abuse of the writ because the district court misconstrued his claim. Id. at 2. Petitioner

has also filed a motion for judgment on the pleadings and a motion to supplement his replies, arguing that Respondent’s answer was not timely and that Respondent has not denied crucial portions of his claims. See Docket Nos. 13, 20. II. The Magistrate Judge’s Report and Recommendation After review of the pleadings, the Magistrate Judge issued a Report and Recommendation, recommending that the petition for habeas corpus relief be dismissed. Docket No. 21 at 1. The Magistrate Judge reviewed Petitioner’s prior habeas proceedings and determined that all of his claims were or could have been raised in either of his first two habeas petitions.

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Ruiz v. Warden FCI Texarkana, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-warden-fci-texarkana-txed-2025.