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Ex Parte Stewart

An inmate's complaints concerning the terms and conditions of his confinement, including administration of improper medication, are not the type of restraint necessary for habeas corpus relief.

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Relator Joseph Stewart, III brings this appeal from the trial court’s denial of his application for writ of habeas corpus. Finding no error in the trial court’s ruling, we affirm the order of the trial court.

On August 21, 2001, relator filed a pro se petition seeking a writ of habeas corpus in which he challenged his assignment to a psychiatric unit of the Texas Department of Criminal Justice, Institutional Division and its treatment of him, involuntarily, by the use of anti-psychotic drugs. *fn1 In his petition, he alleged he was deprived of his due process rights in violation of Washington v. Harper, 494 U.S. 210, 110 S.Ct. 1028 108 L.Ed.2d 178 (1990). A copy of the petition was served on the Lubbock County District Attorney, who did not file a response. On September 16, 2001, without a hearing, the trial court denied the petition. Hence, this appeal.

On November 13, 2001, relator filed a motion seeking the appointment of counsel on appeal. On November 26, 2001, we disposed of this motion by noting that his claim was in the nature of a civil action for which no right to appointment of counsel exists. See Carson v. Johnson, 112 F.3d 818, 820 (5th Cir. 1997). Relator filed his pro se brief on November 29, 2001, and an amended pro se brief on December 7, 2001. On December 21, 2001, we notified relator that we had overruled his “motion for rehearing.” In response, relator contacted us by letter dated January 21, 2002, questioning whether we had made a final disposition of his appeal. We had not finally disposed of his appeal and we now proceed to consider the merits of his appeal.

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