Benavides v. Venegas et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
ERNESTO BENAVIDES JR., 	§
Plaintiff, 	§
§
v. 	§ 	CIVIL ACTION NO. 1:25-cv-207
§
RAMON VENEGAS, 	§
et al., 	§
Defendant. 	§
ERNESTO BENAVIDES JR., 	§
Petitioner, 	§
§
v. 	§ 	CIVIL ACTION NO. 1:25-cv-210
§
ERIC GUERRERO, 	§
Respondent. 	§
ERNESTO BENAVIDES JR., 	§
Plaintiff, 	§
§
v. 	§ 	CIVIL ACTION NO. 1:25-cv-367
§
RAMON VENEGAS, 	§
et al., 	§
Defendants. 	§
ERNESTO BENAVIDES JR., 	§
Plaintiff, 	§
§
v. 	§ 	CIVIL ACTION NO. 1:26-cv-464
§
RAMON VENEGAS, 	§
et al., 	§
Defendants. 	§
United States District Court
Southern District of Texas
ENTERED
June 23, 2026
Nathan Ochsner, Clerk
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REPORT AND RECOMMENDATION DENYING ALL CLAIMS
I. 	Synopsis
Plaintiff Ernesto Benavides Jr. (“Benavides”) was convicted of a crime in 2013.
Benavides was later released from incarceration on parole. Benavides’s parole was then
revoked on or about February 9, 2025. Benavides filed four cases in the Brownsville
Division of the Southern District of Texas. Benavides presents an argument concerning the
revocation of his parole in all four cases. Three cases are filed as Prisoner Civil Rights
Complaints under 42 U.S.C. § 1983, and one was filed as a Petitioner for Writ of Habeas
Corpus under 28 U.S.C. § 2254. The Court consolidated these four cases.
The Court granted Benavides leave to proceed in forma pauperis. The Court screens
his complaints below, considers the challenge to the revocation of his parole as if filed in
a federal habeas petition, and finds Benavides does not state a valid cause of action, because,
ultimately, 	his 	arguments 	are 	barred 	by 	the 	Heck 	doctrine. For 	this reason, 	it 	is
recommended the Court dismiss the instant action without prejudice to refiling until
Benavides successfully sets aside the underlying convictions and/or parole revocation.
II. 	Procedural History
On September 15, 2025, Benavides filed a Prisoner Civil Rights Complaint
“challeng[ing] the constitutionality of Texas’s parole revocation system.” See Dkt. No. 1,
p. 4 in Civil Action No. 1:25-cv-207. In this suit, Benavides seeks: (1) an injunction to
modify revocation procedures; (2) $75,000 for loss of wages; (3) $75,000 for loss of
affection; and (4) $75,000 for wrongful imprisonment. Id. Benavides named Ramon
Venegas, a parole officer, the Texas Board of Pardons and Paroles, and the Texas
Department of Criminal Justice as Defendants. Id. at p. 3. The Court granted Benavides
leave to proceed in forma pauperis on September 30, 2025. Dkt. No. 17.
On September 18, 2025, Benavides filed a Petition for Writ of Habeas Corpus under
28 U.S.C. § 2254. See Dkt. No. 1 in Civil Action No. 1:25-cv-210. Benavides’s challenge
centered around his parole revocation hearing for Texas Cause Number 2013-DCR-0654-
A. Id. at p. 2-3. Benavides states he was sentenced to 15 years of incarceration for
possession of marijuana. Id. at p. 2. Benavides states he filed a writ for habeas corpus which
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was reviewed, dismissed without merit, and denied by the Texas Court of Criminal Appeals
on August 21, 2025. Id. at p. 3; See also Ex parte Benavides, No. WR-82,033-13, 2025 WL
2408231, at *1 (Tex. Crim. App. Aug. 20, 2025). Benavides states he claimed four grounds
for relief in his state writ for habeas corpus: (1) “violation due process affecting liberty
interest once placed on community supervision and pending misdemeanor”; (2) “violation
due process affecting length of sentence when revoked ‘without’ new conviction and lost
street time;” (3) “warrant issued in violation of Franks v. Delaware”; and (4) “due process
violation affecting length of time by misinterpreting Tex. Gov’t. Code 508.283(c). Id. at 4.
Benavides, in his petition for writ of habeas corpus, amended his complaint upon
learning new information from the Texas Board of Pardons and Paroles. See Dkt. No. 32
in Civil Action No. 1:25-cv-207.1 In that amended petition, Benavides states two grounds
for relief under 28 U.S.C. § 2254: (1) “due process violation affecting liberty interest by
exceeding authority revoking parole based on placement on probation in Case No. 2024-
DCR-1909 in public interest”; and (2) “the Board of Paroles did not establish ability to pay
fees relying on revocation based solely on placement of community supervision.” Id. at pp.
6-8. Benavides claims he exhausted both claims. Id. Benavides requests his immediate
release from incarceration and reinstatement of any street-credit or any other credit due to
him. Id. at 16. The Court consolidated this case into the first case Benavides filed, Civil
Action No. 1:25-cv-207. See Dkt. No. 34 in Civil Action No. 1:25-cv-207.
On December 29, 2025, Benavides filed a Prisoner Civil Rights Complaint against
Ramon Venegas, parole officer, Greg Abbott, Governor of Texas, and Eric Guerrero, Texas
Prison Director. Dkt. No. 1 in Civil Action No. 1:25-cv-367. In this case, Benavides argues
his rights under the Fourth Amendment, presumably of the U.S. Constitution, have been
violated through a false arrest and false incarceration. Id. at p. 4. Benavides requests the
Court “order Defendants to compensate” for the following: “loss of affection, loss of wages,
cruel & unusual punishment, false arrest & incarceration [in] the sum of $2,222,222.22 in
their official & personal capacity.” Id. The Court consolidated this case into the first case
1 Benavides filed the amended complaint after Case 1:25-cv-210 was consolidated with Case 1:25-cv-207.
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Benavides filed, Civil Action No. 1:25-cv-207. See Dkt. No. 34 in Civil Action No. 1:25-
cv-207.
On April 27, 2026, Benavides filed a Prisoner Civil Rights Complaint against
Ramon Venegas, Greg Abbott, and Eric Guerrero.2 See Dkt. No. 1 in Civil Action No.
1:26-cv-464. Benavides reiterated his argument concerning the revocation of his parole in
the same Texas criminal case in the statement of his claim. Id. at p. 4. Benavides argues
statutes “Tex. Admin. Code § 150.55, Tex. Code. Crim. Proc. Art. 42A.053, and Tex. Gov’t.
code § 311.021(5)” create a state protected liberty interest. Id. Based on this liberty interest,
Benavides argues the board violated due process “by excluding authority and revoking
parole with reckless disregard for liberty interest placing public interest at stake.” Id.
Benavides requests “redress for loss of affection, loss of wages, cruel and unusual
punishment, anxiety causing depression in the amount of $2,200,000.00.” Id. The Court
consolidated this case into the first case Benavides filed, Civil Action No. 1:25-cv-207.
See Dkt. No. 5 in Civil Action No. 1:26-cv-464.
III. 	Applicable Law and Analysis
a. 	28 U.S.C. §1915(e)
The Court must screen in forma pauperis claims to ensure that it states a claim upon
which relief can be granted. 28 U.S.C. §1915(e)(2)(B)(ii). To avoid dismissal, a plaintiff’s
complaint must plead, “enough facts to state a claim to relief that is plausible on its face.”
Bell v. Atl. Corp. v. Twombly, 550 U.S. 554, 570 (2007).
Such screening under §1915 applies to prisoners and non-prisoners alike. Newsome
v. E.E.O.C., 301 F.3d 227, 231-233. (5th Cir. 2002) (per curiam) (applying Section 1915
to non-prisoner pro se litigant); James v. Richardson, 344 Fed.Appx. 982, 983 (5th Cir.
2009) (per curiam); See Walters v. Scott, No. H-14-1637, 2014 U.S. Dist. LEXIS 159190,
2014 WL 5878494, at *1 (S.D. Tex. Nov. 11, 2014) (“Section 1915(e)(2)(B) applies
equally to prisoner and non-prisoner in forma pauperis cases.”).
2 Benavides named the same three defendants in Civil Action No. 1:26-cv-464 as in Civil Action No. 1:25-
cv-367.
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Using the analogous Federal Rule of Civil Procedure 12(b)(6), dismissal is
appropriate when a plaintiff fails to plead sufficient facts “to state a claim to relief that is
plausible on its face.” Ferguson v. Bank of New York Mellon Corp., 802 F.3d 777, 780 (5th
Cir. 2015) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 554, 570 (2007)). “A claim has
facial plausibility when the plaintiff pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009). 	To determine whether to grant a dismissal pursuant to
12(b)(6), the court accepts as true “all well-pleaded facts” and view those facts “in the light
most favorable to the plaintiff.” In re Katrina Canal Breaches Litig., 495 F.3d 191, 205
(5th Cir. 2007) (quoting Martin K. Eby Constr. Co. v. Dall. Area Rapid Transit¸ 396 F.3d
464, 467 (5th Cir. 2004). If “the well-pleaded facts do not permit the court to infer more
than the mere possibility of misconduct,” then dismissal is appropriate. Ashcroft v. Iqbal,
556 U.S. at 679.
“Before dismissing a pro se litigant’s case for failure to state a claim, a district court
ordinarily must give the litigant an opportunity to amend his complaint to remedy the
deficiencies.” Graves v. Cain, 734 Fed. Appx. 914, 915 (5th Cir. 2018) (citing Eason v.
Thaler, 14 F.3d 8, 9 (5th Cir. 1994)). The report and recommendation of a United States
Magistrate Judge provides sufficient notice of the Court’s intent to dismiss, and the 14-day
objections period provides time for a response. 	Alexander v. Trump, 753 F. App'x 201,
208 (5th Cir. 2018) (citing Magouirk v. Phillips, 144 F.3d 348, 359 (5th Cir. 1998).
Because Benavides proceeds without legal representation, he receives the benefit of
liberal construction of his claims. See Kaltenbach v. Richards, 464 F.3d 524, 527 (5th Cir.
2006).3 Additionally, the Court accepts as true the well-plead facts within the complaint
and draws every reasonable inference in his favor as a pro se party. See Haines v. Kerner,
404 U.S. 519, 521 (1972). To resolve Benavides’s present claims, the Court relies on
“documents incorporated into the complaint by reference and matters of which a court may
3 However, a “party's pro se status does not create an ‘impenetrable shield,’ for one acting pro se has no
license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded
court dockets.” Farguson v. Mbank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986).
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take judicial notice.” Dorsey v. Portfolio Equities, Inc., 540 F.3d 333, 338 (5th Cir. 2008)
(quoting Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322 (2007); see also
Fed. R. Evid. 201(f) advisory committee’s note (“Judicial notice may be taken at any stage
of the proceeding.”). This Court’s analysis takes judicial notice of Benavides’s state court
proceedings in Cameron County Case No. 2013-DCR-0654-A, attached as Exhibit 1,
which is the basis of the underlying claims alleged by the complaint. The Court’s analysis
also takes judicial notice of Benavides’s state court proceedings in Cameron County Case
No. 2024-DCR-01909, attached as Exhibit 2, which pertains to Benavides’s claims
concerning the revocation of his parole.
b. Heck v. Humphrey
“42 U.S.C. § 1983 creates a species of tort liability” and is the vehicle to address a
violation of federal law by those acting under the color of state law. Memphis Community
School Dist. v. Stachura, 477 U.S. 299, 305 (1986) (internal quotation marks omitted);
Nelson v. Campbell, 541 U.S. 637, 643 (2004). 	In general, exhaustion of state remedies
“is not a prerequisite to an action under § 1983.” Patsy v. Board of Regents of Fla., 457
U.S. 496, 501 (1982). 	Although Heck centered around a claim for monetary relief, its
holding has been extended to likewise bar claims for declaratory and injunctive relief. See,
e.g. Walton v. Parish of LaSalle, 258 Fed. App’x 633, 633-34 (5th Cir. 2007); Shaw v.
Harris, 116 Fed. App’x 499, 500 (5th Cir. 2004).4
However, the Supreme Court has held in Heck v. Humphrey that: “to recover
damages for allegedly unconstitutional conviction or imprisonment, or for other harm
caused by actions whose unlawfulness would render a conviction or sentence invalid, a §
1983 plaintiff must prove that the conviction or sentence has been reversed on direct
appeal, expunged by executive order, declared invalid by a state tribunal authorized to
make such determination, or called into question by a federal court's issuance of a writ of
habeas 	corpus.” 	Heck 	v. 	Humphrey, 	512 	U.S. 	477, 	486-87 	(1994). 	“[F]avorable
termination is an element of a civil claim, so §1983 plaintiffs must prove it like any other
4 Benavides does seek “an injunction to modify revocation procedures.” See Dkt. No. 1, p. 3 in Civil Action
No. 1:25-cv-207.
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element of the underlying claim.” 	Wilson v. Midland County, Texas, 116 F.4th 384, 392
(5th Cir. 2024). This, “because unless and until the tainted conviction is favorably
terminated, the facts authorizing the § 1983 damages suit have not come into existence.”
Wilson, 116 F.4th at 390-91.
The Fifth Circuit has held that “[b]y its own language, therefore, Heck implicates a
plaintiff’s ability to state a claim, not whether the court has jurisdiction over that claim.”
Colvin v. LeBlanc, 2 F.4 th 494, 499 (5th Cir. 2021). 	Therefore, the foremost question is
“whether success on [the] claims would necessarily implicate the validity of his conviction
or confinement.” Id.
This Court must consider whether Benavides’s § 1983 claim would necessarily
imply the invalidity of his Cameron County conviction. Heck, 512 U.S. at 487. If it does,
then this Court must dismiss Benavides’s complaint unless he demonstrates the conviction
has been overturned. Id.
i. 	Benavides fails to allege a Fourth Amendment violation.
Benavides’s § 1983 alleges a Fourth Amendment violation for false arrest and
incarceration. See Civil Action No. 1:25-cv-367 at Dkt. No. 1, p. 4. Benavides claims
Defendant Guerrero has been keeping him “under false arrest and false incarceration under
pretext that misdemeanor case No. 24-B-4004 was pending.” Id. There, Benavides referred
to a misdemeanor he claims was dismissed because it was “statutorily precluded from being
enhanced to misdemeanor.” Id. Benavides later filed a supplemental memorandum after
receiving an email from the State of Texas Board of Pardons and Paroles, which informs
Benavides that his parole was revoked “for the new felony conviction and technical
violations.”5 Liberally construing his claims, the Court notes that in his supplemental
memorandum, Benavides argues he still has a Fourth Amendment violation claim despite
5 In a supplemental memorandum in Civil Action No. 1:25-cv-367 (prior to consolidation), Benavides states
that he has learned “that my parole was not revoked on the basis of having a pending misdemeanor, but
rather for the new conviction (Case No. 2024-DCR-1909).” See Dkt. No. 11, p. 1 in Civil Action No. 1:25-
cv-367. Benavides filed this email along with the violation report from the Texas Department of Criminal
Justice, Parole Division in Civil Action No. 1:25-cv-207 at Dkt. No. 32, pp. 16-17. The Court further notes
Benavides concedes “the misdemeanor . . . has no bearing.” Dkt. No. 32 p. 12, ¶ 14.
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learning the reason for his revocation was based on a new conviction in Cameron County
Case No. 2024-DCR-01909. Dkt. No. 11 at 1. However, even under a liberal construction
of his claims, Benavides argues “I’m being held in violation of IV Amendment,” but he
presents the same arguments he puts forth in the § 1983 claims centered around the
revocation of his parole. Id.6
Even if Benavides were still pursuing a false arrest claim, to prove a false arrest
claim, this would necessarily call into question his conviction under 2024-DCR-1909.
Benavides has not demonstrated that the conviction has been overturned and does not
attempt to do so. Benavides even acknowledges his 2024 conviction without arguing this
conviction has been overturned. For these reasons, the Court cannot consider his claim.
Heck, 512 U.S. at 487. Accordingly, he has failed to state a claim upon which relief can be
granted.
ii. 	Benavides fails to allege a viable claim concerning the revocation of
his parole.
Benavides’s constitutional claims are all based on a challenge to the revocation of
his parole. Although Benavides brings his claims under § 1983 specifically, a “Plaintiff
cannot maintain a § 1983 damage claim against any parole board defendant unless or until
he has successfully set aside the challenged parole hearing decision.” Edwards v. Texas
Bd. of Pardons & Paroles, No. 2:15-CV-207, 2016 WL 67937, at *6–7 (S.D. Tex. Jan. 6,
2016), report and recommendation adopted, No. 2:15-CV-207, 2018 WL 497084 (S.D.
Tex. Jan. 19, 2018).7 However, Courts have considered challenges to the revocation of
parole cognizable under a Writ for Habeas Corpus. See Siegfried v. Kolpack, No. 2:17-CV-
254, 2017 WL 10087270, at *3 (S.D. Tex. Aug. 7, 2017), report and recommendation
6 Benavides writes in part: In this case because I was paced on community supervision in the interest of
justice, “the public” and the defendant, the Board had to recuse themselves from voting to revoke my parole
pursuant to its Conflict of Interest Policy, and document recusal due to conflict with “public interest.” Civil
Action No. 1:25-cv-367 at Dkt. No. 11, p. 2.
7 “The Heck doctrine also operates to bar prisoners from challenging the revocation of their parole through
a § 1983 action. See e.g. Littles v. Bd. of Pardons and Paroles Div., 68 F.3d 122, 123 (5th Cir. 1995);
McGrew v. Texas Bd. of Pardons and Paroles, 47 F.3d 158, 161 (5th Cir. 1995).” Edwards v. Texas Bd. of
Pardons & Paroles, 2016 WL 67937, at *7.
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adopted, No. 2:17-CV-00254, 2018 WL 3933485 (S.D. Tex. Aug. 16, 2018) (stating “A
collateral attack on a parole revocation proceeding is properly brought in a federal habeas
petition under 28 U.S.C. § 2254.”)).
In the present case, the court considers whether Benavides’s action should be
construed as a federal habeas corpus action. Id. The Court has consolidated four of
Benavides’s cases. Three out of the four were filed as § 1983 claims, but one was filed as
a writ for habeas corpus under 28 U.S.C. § 2254. Given the liberal pleading standard
afforded to pro se plaintiffs, the Court deems it proper to construe Benavides’s claims as a
collateral attack on the revocation of his parole. Threshold issues the Court must consider
are (1) whether Benavides exhausted his state court remedies, 28 U.S.C. § 2254(b)(A), and
(2) whether Benavides filed his action within the Antiterrorism and Effective Death Penalty
Act of 1996 (AEDPA)’s statute of limitations, 28 U.S.C. § 2244(d).
Benavides represents to the Court that he “already raised that liberty interest claim
in the state forum.” See Civil Action 1:25-cv-367 at Dkt. No. 11, p. 3. Additionally, this
Court takes judicial notice of the case in which the Texas Court of Criminal Appeals denied
Benavides’s “allegations concerning the revocation of supervised release and forfeiture of
time credit in 2025” without merit. Ex parte Benavides, No. WR-82,033-13, 2025 WL
2408231, at *1 (Tex. Crim. App. Aug. 20, 2025) (stating also that the application is
dismissed). For these reasons, it appears Benavides has exhausted his state remedies.
Further, Benavides informs the Court that his parole was revoked on or about
February 9, 2025. The date Benavides’s parole was revoked operates as the date on which
the factual predicate of petitioner's claims could have been discovered through the exercise
of due diligence. 28 U.S.C. § 2244(d)(1)(D). See Ramos v. Lumpkin, No. CV H-21-2934,
2022 WL 2176597, at *2 (S.D. Tex. June 16, 2022) (counting the start of the 1-year
limitations period from the date Plaintiff’s parole was revoked). Assuming Benavides’s
assertion is correct, the Court proceeds to consider Benavides’s claim as if they were filed
within AEDPA’s 1 year limitation.
Benavides argues in part that his parole was revoked incorrectly because the Texas
Board of Pardons and Paroles should have excused itself from voting because of a conflict
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of interest. Benavides cites a few Texas statutes to support his point: “Tex. Admin. Code
§ 150.55, Tex. Code. Crim. Proc. Art. 42A.053, and Tex. Gov’t. code § 311.021(5).” See
Dkt. No. 1 in Civil Action No. 1:26-cv-464. Benavides argues his reading of these statutes
created a liberty interest protected by the Fourteenth Amendment of the U.S. Constitution.
First and foremost, given that it appears Benavides did exhaust his state remedies,
the Court must honor the “presumption of finality and legality [that] attaches to [a
petitioner’s] conviction and sentence.” Barefoot v. Estelle, 463 U.S. 880, 887 (1983). A
district court can grant relief for “any claim that was adjudicated on the merits in the state
court proceedings.” 28 U.S.C. § 2254(d) on two grounds only. First, when the state court
proceeding “resulted in a decision that was contrary to, or involved an unreasonable
application of, clearly established federal law, as determined by the Supreme Court of the
United States.” 28 U.S.C. § 2254(d)(1). Second, when the state court proceeding “resulted
in a decision that was based on an unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d)(2).
Further, a federal court’s review of a habeas petition from a state prisoner depends
upon whether the petition presents a question of law, a question of fact, or a mixed question
of law and fact. Neal v. Vannoy, 78 F.4th 775, 783 (5th Cir. 2023).
When considering a claim which presents a question of law, a federal court follows
AEDPA Section 2254(d)(1). Under Section 2254(d)(1), a federal court grants relief to an
inmate 	under 	state 	custody only 	if 	the 	petitioner demonstrates that 	the 	state
court’s rejection of his or her claim meets either the “contrary to” clearly established
federal law as determined by the Supreme Court of the United States or “unreasonable
application” of, clearly established Federal law, as determined by the Supreme Court of the
United States standard. 28 U.S.C. § 2254(d)(1), (2).
When considering a claim which presents a question of fact, the federal court must
presume that “a determination of a factual issue made by a State court” is correct. 28
U.S.C. 	§ 	2254(e)(1). 	That 	provision 	further 	places 	the 	burden 	of 	proof 	on 	the
petitioner, stating that the “applicant shall have the burden of rebutting the presumption
of correctness 	by 	clear 	and 	convincing 	evidence.” 	28 	U.S.C. 	§2254(e)(1). See
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also Young v. Dretke, 356 F.3d 616, 629 (5th Cir. 2004) (“As a federal habeas court, we
are bound by the state habeas court's factual findings, both implicit and explicit.”). Then,
under Section 2254(d)(2), the petitioner must show that the state court’s adjudication “was
based on an unreasonable determination of the facts in light of the evidence presented in
the State court proceeding.” 28 U.S.C. § 2254(d)(2).
When considering a claim which presents a mixed question of law and fact, a federal
court reviews “a state court’s ultimate legal conclusion . . . under Section 2254(d)(1), while
the underlying factual findings supporting that conclusion are reviewed under Sections
2254(d)(2) and (e)(1).” Neal, 78 F.4 th at 783.
To the extent Benavides’s claim is a question of a law based on his readings of
certain Texas statutes, Benavides presents no argument that his reading of a state created
liberty interest based particularly on “Tex. Admin. Code § 150.55, Tex. Code. Crim. Proc.
Art. 42A.053, and Tex. Gov’t. code § 311.021(5)” is clearly established federal law as
determined by the Supreme Court of the United States. Benavides also does not argue that
the Texas Court’s decision on his case was either contrary to or involved an unreasonable
application of, clearly established Federal law, as determined by the Supreme Court of the
United States standard. 28 U.S.C. § 2254(d)(1). To the extent Benavides’s claim is a
question of fact, Benavides presents no argument that the Texas Court’s decision was an
unreasonable determination of the facts in light of the evidence presented in the State court
proceedings. In his filings, Benavides puts forth a novel reading of “Tex. Admin. Code §
150.55, Tex. Code. Crim. Proc. Art. 42A.053, and Tex. Gov’t. code § 311.021(5).” For this
reason, the Court proceeds to consider Benavides’s claim as a question of law.8
Although Benavides puts forth multiple allegations as to why the revocation of his
parole was improper, “[a] single violation of a condition of community supervision is
8 Benavides presents facts to the Court but appears to argue about their application to his novel argument
and not whether they occurred or whether the Texas Courts properly considered the facts. For instance,
Benavides writes: “In the recording on 12/9/24 you will hear the hearing officer telling me to accept or
deny while I objected that I had pending charges. She could have accepted my statement as pleading the 5 th
Amend. U.S. Const. but she implied clearly that was not acceptable and that [conduct] violates the 5 th
Amend. U.S. Const.” Dkt. No. 27 at 1 in Civil Action No. 1:25-cv-207.
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sufficient to warrant revocation in Texas.” Blackmon v. Thaler, 425 F Appx 375, 376 (5th
Cir. 2011) (per curiam). Moreover, when reviewing a decision to revoke supervised release
based on several alleged violations, the Fifth Circuit Court of Appeals has found that “the
record need only support a violation of a single condition of release in order to be upheld
on appeal.” De La Garza v. Lumpkin, No. 4:21-CV-03052, 2023 WL 2719468, at *7 (S.D.
Tex. Mar. 30, 2023) (citying United States v. McCormick, 54 F3d 214, 219 n.3 (5th Cir
1995); Frick v Quinlin, 631 F2d 37, 39 (5th Cir 1980)).
Benavides himself supplied evidence to show that his parole was revoked because
of a violation of a condition of community supervision. Benavides committed a felony
offense in Cameron County Case No. 2024-DCR-01909 while out on parole for his
sentence in Cameron County Case No. 2013-DCR-0654-A. See Civil Action No. 1:25-cv-
207 at Dkt. No. 32, pp. 16-18. This violated his parole, and the State of Texas Board of
Pardons and Paroles represents this as the reason for revoking his parole (in addition to
technical violations). Id. at p.16. This record before the Court demonstrates that at least a
single violation of a condition of community supervision occurred, and this is sufficient to
warrant revocation in Texas. See Blackmon v. Thaler, 425 F Appx at 376. Accordingly, the
Court finds that even if Benavides exhausted his state remedies and adhered to the one-
year limitations period, his challenge to the revocation of his parole has no merit. To this
point, the Court finds the decision from the Texas Court of Criminal Appeals is neither
contrary nor an unreasonable application of clearly established federal law as determined
by the Supreme Court. See 28 U.S.C. § 2254(d)(1). Therefore, Benavides is not entitled to
relief under 28 U.S.C. § 2254.
Neither is Benavides entitled to relief under 42 U.S.C. § 1983. Because the Court
finds Benavides cannot successfully set aside the challenged parole decision at the heart of
his claims even under a federal habeas petition, all of Benavides’s claims over the
revocation of his parole in Cameron County, and to the extent he attempts to challenge a
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 12 of 50

Page 13 of 14
false arrest and incarceration based on the revocation of his parole, are subject to dismissal
pursuant to Heck.9
For these reasons, the Court finds Benavides does not state a valid § 1983 claim at
this time, because he fails to state a claim upon which relief may be granted. As Benavides
has not satisfied the requirements of Heck, he currently has no cause of action. His petition
should 	be 	dismissed 	for 	failure 	to 	state 	a 	claim 	consistent 	with 	28 	U.S.C.
§1915(e)(2)(B)(ii).
IV. 	Recommendation
The 	Court 	recommends 	Benavides’s 	claims 	be 	DISMISSED 	WITHOUT
PREJUDICE for failure to state a claim upon with relief can be granted pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) until such time as the Heck conditions regarding the underlying
state conviction or the challenge to parole revocation are met.
The Court further recommends Benavides’s claims be DENIED under 28 U.S.C. §
2254 for failure to raise a violation of clearly established federal law or a decision that was
based on an unreasonable determination of the facts in light of the evidence presented in
the State court.
The Court further recommends all pending motions related to the litigation of this
cause of action be DISMISSED as moot.
V. 	Notice to the Parties
The parties have fourteen (14) days from the date of being served with a copy of
this Report and Recommendation in which to file written objections, if any, with the United
States District Judge. 28 U.S.C. § 636(b)(1). A party filing objections must specifically
identify the factual or legal findings to which objections are being made. The District Judge
is not required to consider frivolous, conclusive, or general objections. Battle v. United
States 	Parole 	Comm'n, 	834 	F.2d 	419, 	421 	(5th 	Cir. 	1987). 	This 	Report 	and
Recommendation shall serve as notice of the Plaintiff’s procedural defaults, and the
9 Heck, 512 U.S. at 477.
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 13 of 50

Page 14 of 14
objection period shall serve as opportunity to respond to these defects. Alexander v. Trump,
753 F. App'x 201, 208 (5th Cir. 2018).
If any party fails to timely object to any factual or legal findings in this Report and
Recommendation, the District Judge is not required to conduct a de novo review of the
record before adopting these findings. If the District Judge chooses to adopt such findings
without conducting a de novo review of the record, the parties may not attack those findings
on appeal, except on the grounds of plain error. Alexander v. Verizon Wireless Servs.,
L.L.C., 875 F.3d 243, 248 (5th Cir. 2017).
Signed on June 22, 2026.
__________________________
Karen Betancourt
United States Magistrate Judge
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 14 of 50

10/28/2013 Plea 
Judicial Officer
Euresti, Benjamin, Jr.
10/29/2013 Disposition 
Case Information
2013-DCR-00654 | The State of Texas vs ERNESTO BENAVIDES, Jr.
Case Number
2013-DCR-00654
Court
107th District Court
Judicial Officer
Euresti, Benjamin, Jr.
File Date
03/20/2013
Case Type
Felony Offense
Case Status
Disposed
Party
State
The State of Texas
Defendant
BENAVIDES, ERNESTO, Jr.
DOB
XX/XX/XXXX
Gender
Male
Active Attorneys 
Lead Attorney
MCMASTER, DOUGLAS M.
Court Appointed
Charge
Charges
BENAVIDES, ERNESTO, Jr.
Description 	Statute 	Level 	Date
1 	POSS MARIJ >50LBS<=2,000LBS-
12B5510/DECOSS
481.121(b)(5) 	Second Degree Felony 	12/05/2012
Disposition Events
1 	POSS MARIJ >50LBS<=2,000LBS- 12B5510/DECOSS 	Guilty
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 15 of 50

Judicial Officer
Euresti, Benjamin, Jr.
10/28/2013 Sentence - Prison (OCA) 
Confinement
Confinement to Commence: 11/06/2013
15 Years, TDCJ - Prison, Texas Department of Criminal Justice
Jail Credit 3 Days
Comment: Judgment of Conviction; Sentence to Institutional Division
1 	POSS MARIJ >50LBS<=2,000LBS- 12B5510/DECOSS 	Convicted -
1 	POSS MARIJ >50LBS<=2,000LBS- 12B5510/DECOSS 	Sentence - Prison (OCA)
Events and Hearings
03/20/2013 Indictment or Information (OCA) 
Comment
Original Case Filed by Indictment or Information (OCA) and CR-43
03/25/2013 Notice of Arraignment 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Notice of Arraignment
03/26/2013 Bond 
Comment
$30,000 - Bad Boyz Bail Bond, II (12-B-5510) posted on 12/6/12.
03/26/2013 Appointment of Attorney 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Appointment of Attorney
04/02/2013 Indictment Letter to Defendant 
Comment
Indictment Letter to Defendant
04/10/2013 Arraignment Hearing 
Original Type
Arraignment Hearing
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 16 of 50

Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
1:00 PM
Result
Held
04/10/2013 Journal Entry 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Case called for Arraignment; Hon. Peter C. Gilman appeared for State; Hon. Douglas McMaster
appeared by court-appointment with defendant (who is it out on a good bond). Defendant was
arraigned and pled "Not Guilty". Case set for: Ann. on Thursday - May 2, 2013 at 1:30 p.m.; Trial on
Monday - May 6, 2013 at 8:30 a.m.
04/10/2013 Arraignment 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Arraignment
05/02/2013 Announcement 
Original Type
Announcement
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
1:30 PM
Result
Reset
05/02/2013 Journal Entry 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Case called for Announcemens; Peter Gilman for State; Hon. Douglas McMaster appeared by court-
appointment with defendant (in courtroom). Parties have not been able to reach an agreement,
therefore Mr. McMaster made an oral motion for continuance, to prepare for trial. State did not object.
Court granted and reset case for Ann. on Thursday - May 23, 2013 at 1:30 p.m.; Trial on Monday -
May 28, 2013 at 8:30 a.m.
05/23/2013 Announcement 
Original Type
Announcement
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
1:30 PM
Result
Reset
05/23/2013 Journal Entry 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Case called for Announcements; Peter Gilman for State; Douglas McMaster with defendant, made
oral motion for continuance. State has withdrawn their plea bargain offer, Case reset for Ann. on
Wednesday - June 12, 2013 at 1:30 p.m.; Trial on Monday - June 17, 2013 at 8:30 a.m.
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 17 of 50

05/29/2013 Notice 
Comment
Request for Notice of Extraneous Conduct Under TRE 404 (A) (B)
05/29/2013 Motion 
Comment
Motion to Suppress Evidence
05/29/2013 Motion 
Comment
Motion for Discovery
05/29/2013 Motion 
Comment
Motion to Suppress Oral/ Written Statements
06/12/2013 Announcement 
Original Type
Announcement
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
1:30 PM
Result
Reset
06/12/2013 Journal Entry 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Case called for Announcements; Peter Gilman for State; Douglas McMaster with defendant, made
oral motion for continuance; state did not object. Case reset for Ann. on Thursday - Aug. 8, 2013 at
1:30 p.m.; Trial on Monday - Aug. 12, 2013 at 8:30 a.m.
07/18/2013 Notice 
Comment
Notice Of State's Intention To Seek Enhancement Of Punishment
08/08/2013 Announcement 
Original Type
Announcement
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
1:30 PM
Result
Reset
08/08/2013 Journal Entry 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 18 of 50

Judicial Officer
Euresti, Benjamin, Jr.
Comment
Case called for Announcements; Peter Gilman for State; Douglas McMaster with defendant.
Defendant has rejected the plea bargain offer by the State; State has withdrawn that offer. Case reset
for: Ann. on Thursday - Sept. 19, 2013 at 1:30 p.m.; Trial on Monday - Sept. 23, 2013 at 8:30 a.m.
09/19/2013 Announcement 
Original Type
Announcement
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
1:30 PM
Result
Passed
Comment
DEF. REJECTED PLEA OFFER; STATE WITHDREW THEIR OFFER.
09/19/2013 Journal Entry 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Case called for Announcements; Peter Gilman for State; Douglas McMaster appeared by court-
appontment with defendant. Mr. McMaster requested to set his Motion to Suppress that he has filed;
Announcements passed pending hearing. Motion to Suppress set for: Sept. 25, 2013 at 9:00 a.m.
09/25/2013 Motion to Suppress 
Original Type
Motion to Suppress
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
8:30 AM
Result
Held
Comment
MOTIONS TO SUPPRESS
09/25/2013 Journal Entry 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Case called for hearing on Def's Motion to Suppress: Peter Gilman for State; Hon. Douglas McMaster
with defendant (out on good bond). All parties announced ready: Court heard testimony and evidence.
Defendant's Motion to Suppress (Evidence) - DENIED, Defendan'ts Motion to Suppress (Statements)
- DENIED. The Court having denied both Motions to Suppress, set case for Ann. for Thursday - Oct.
24, 2013 at 1:30 p.m.; Trial on Monday - Oct. 28, 2013 at 8:30 a.m.
09/25/2013 Exhibits 
Comment
State's Exhibits 1 & 4
10/08/2013 Application for Subpoena 
Comment
Application for Subpoena
10/08/2013 Subpoena 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 19 of 50

Unserved
Anticipated Server
District Attorney
Anticipated Method
In Person
Unserved
Anticipated Server
District Attorney
Anticipated Method
In Person
Unserved
Anticipated Server
District Attorney
Anticipated Method
In Person
Unserved
Anticipated Server
District Attorney
Anticipated Method
In Person
10/24/2013 Announcement 
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
1:30 PM
10/28/2013 Jury Trial 
Original Type
Jury Trial
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
8:30 AM
Result
Plead
10/28/2013 Journal Entry 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Case called for Jury Selection; Peter Gilman for State; Douglas McMaster with defendant. Defendant
pled guilty. Pre-Sentence report "Waived". Ready for punishment. Court finds defendant guilty of:
POM. Punishment (Pursuant to the agreement) at Fifteen (15) Years TDCJ/ID, credit for time served.
10/28/2013 Plea 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
PLEA BARGAIN: Fifteen (15) Years TDCJ/ID.
10/28/2013 Written Waiver and Consent to Stipulation of Testimony 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Written Waiver and Consent to Stipulation of Testimony, Waiver of Jury, and Plea of Guilty
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 20 of 50

10/28/2013 Punishment/Sentencing/Dismissal 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Fifteen (15) Years - TDCJ/ID - JUDGMENT OF CONVICTION; SENTENCE TO INSTITUTIONAL
DIVISION
10/28/2013 Trial Courts Certification of Defendants Right of Appeal 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Trial Courts Certification of Defendants Right of Appeal
10/30/2013 Order 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Order for Approval of Attorney Fees Above the $500.00 Limit
10/30/2013 Attorney Fees Expense Claim Form 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Attorney Fees Expense Claim Form
07/02/2014 Application for Writ of Habeas Corpus 
Comment
Application for Writ of Habeas Corpus Seeking Relief from Final Felony Conviction Under Code of Criminal Procedure, Article 11.07
07/23/2014 Inmate Trust Fund Order 
Comment
Inmate Trust Fund Order
07/23/2014 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus Judge
07/23/2014 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus to DA
07/23/2014 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus to Defendant
08/11/2014 Motion 
Comment
RECOMMENDATION ON APPLICANT'S APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY
CONVICTION UNDER ART.11.07 OF THE TEXAS CODE OF CRIMINAL PROCEDURE
08/26/2014 Clerks Record 
Comment
Clerk's Records Writ I Certified Mailed to the Court of Criminal Appeals # 7009 2250 0003 9814 1696
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 21 of 50

08/26/2014 Clerks Journal 
Comment
Letter to Deana Williamson -Court of Criminal Appeals
09/05/2014 Certified Mail Receipt 
Comment
Certified Mail Receipt
10/10/2014 Mandate from Court of Appeals 
Comment
Mandate from Court of Criminal Appeals. The Court has Denied Without Written Order on 10/08/2014
11/25/2014 Correspondence 
Comment
Correspondence - Declaration of Inability to Pay Cost
12/12/2014 Correspondence 
Comment
Correspondence from defendant
12/15/2014 Affidavit 
Comment
Affidavit
12/23/2014 Motion 
Comment
Motion to Reduce Sentence
01/05/2015 Order 
Judicial Officer
Euresti, Benjamin, Jr.
02/03/2015 Motion 
Comment
Motion to Reduce Sentence
02/03/2015 Correspondence 
Comment
Correspondence from defendant
02/12/2015 Order 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Order Denying Motion for Reduction of Sentence
04/02/2015 Motion 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 22 of 50

Comment
Motion Requesting an Extension of Time
06/02/2015 Correspondence 
Comment
Motion to Obtain Transcript Record
06/08/2015 Order 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Order Denying - Defendant's Motion to Obtain Transcript Record
06/10/2015 Application for Writ of Habeas Corpus 
Comment
Application for Writ of Habeas Corpus Seeking Relief from Final Conviction Under Code of Criminal Procedure, Article 11.07
06/15/2015 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus to District Attorney
06/15/2015 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus to Defendant
06/15/2015 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus to Judge
06/29/2015 Correspondence 
Comment
Correspondence from Defendant
07/01/2015 Motion 
Comment
State's Answer in Opposition to Applicant's Second Application for Writ of Habeas Corpus
07/01/2015 Findings of Fact 
Comment
Trial Court's Findings Recommendation and Order
07/15/2015 Amended Motion 
Comment
Amendment to Second Habeas Corpus Application Post-Conviction Writ Pursuant to Article 11.07 of the Texas Criminal Code of
Procedures
07/28/2015 Motion 
Comment
Motionto Discover "Brady" Inconsistent Evidence
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 23 of 50

07/28/2015 Motion 
Comment
Motion Requesting Leave of Court to Proceed in Forma Pauperis
07/30/2015 Clerks Record 
Comment
Clerks Record Writ I
07/30/2015 Clerks Journal 
Comment
Clerk's Records Writ I Certified Mailed to the Court of Criminal Appeals # 7009 2250 0003 9814 2013
08/04/2015 Order 
Comment
Order Denying Defendant's Discovery Motion
08/05/2015 Official Notice from Court of Criminal Appeals of Texas 
Comment
Official Notice from Court of Criminal Appeals
08/13/2015 Motion 
Comment
Motion o Adjudicate Court Cost
08/20/2015 Official Notice from Court of Criminal Appeals of Texas 
Comment
Official Notice from Court of Criminal Appeals
08/20/2015 Order 
Comment
Order Denying Defendant's Motion to Adjudicate Court Cost
09/24/2015 Motion 
Comment
Defendant's Motion Requesting a "Due Process Review"
09/27/2016 Motion 
Comment
Motion to Resolve Breached Plea Bargain
10/14/2016 Order 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Order denying defendant's motion requesting a due process review.
10/14/2016 Order 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 24 of 50

Judicial Officer
Euresti, Benjamin, Jr.
Comment
Order denying defendtant's motion requesting a due process review.
10/27/2016 Correspondence 
Comment
Correspondence: letter from defendant
11/09/2016 Clerks Journal 
Comment
Requested copies mailed on this day.
11/10/2016 Correspondence 
Comment
Correspondence from 13th Court of Appeals
11/15/2016 Correspondence 
Comment
Correspondence from 13th Court of Appeals
11/22/2016 Notice of Appeal 
Comment
Notice of Appeal
11/28/2016 Appeals Memorandum 
Comment
Appeals Memorandum
11/28/2016 Appeals Schedule 
Comment
Appeals Schedule
12/01/2016 Correspondence 
Comment
Correspondence from 13th Court of Appeals
12/09/2016 Correspondence 
Comment
Correspondence from 13th Court of Appeals
02/03/2017 Motion 
Comment
Motion compelling trial attorney to surrender case file(s).
02/09/2017 Clerks Journal 
Comment
Case Summary sent to defendant as requested-NG
02/09/2017 Clerks Journal 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 25 of 50

Comment
Motion filed by defendant sent to attorney Douglas Mcmaster as requested by Judge-NG
02/10/2017 Correspondence 
Comment
Correspondence from 13th Court of Appeals
02/16/2017 Returned Mail 
Comment
Returned Mail
05/25/2017 Mandate from Court of Appeals 
Comment
The appeal in the above cause was DISMISSED by this Court on the 9th day of February, 2017. The mandate is enclosed. Hon. Rogelio
Valdez
03/06/2018 Motion 
Comment
Motion Requesting Appellate File and Leave to Appeal
04/17/2018 Correspondence 
Comment
Correspondence from defendant
05/01/2018 Motion 
Comment
Motion Requesting Leave to File "Amended Application" For a Writ of Habeas Corpus
05/01/2018 Exhibits 
Comment
Exhibit A, B, C & D
06/04/2018 Clerks Journal 
Clerks Journal
Comment
Blank 11.07 sent to Defendant
06/13/2018 Correspondence 
Correspondence
Comment
Correspondence from Defendant
07/09/2018 Application for Writ of Habeas Corpus 
Application for Writ of Habeas Corpus
Comment
Application for Writ of Habeas Corpus
07/09/2018 Letter Acknowledging Receipt of Writ of Habeas Corpus 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 26 of 50

Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus to District Attorney
07/09/2018 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus to Defendant
07/09/2018 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus to Judge
07/09/2018 Motion 
Motion
Comment
Motion Showing Cause and Prejuice to overvcome art. 11.07
07/19/2018 Writ of Habeas Corpus 
Comment
State's Response to Applicant's Second (or Third) Post Conviction Writ of Habeas Corpus Application
07/30/2018 Findings of Fact 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Trial Court's Findings of Facts and Conclusions of Law
07/31/2018 Clerks Record 
Comment
Clerks Record Writ I
07/31/2018 Clerks Journal 
Comment
Clerks Record Writ I Certified Mailed to Court of Criminal Appeals 9214 8901 0661 5400 0126 8366 33-NG
08/07/2018 Official Notice from Court of Criminal Appeals of Texas 
Comment
Official Notice from Court of Criminal Appeals
08/22/2018 Correspondence 
Comment
Correspondence from Defendant regarding Change of Address and request for personal property
08/23/2018 Official Notice from Court of Criminal Appeals of Texas 
Comment
Official Notice from Court of Criminal Appeals
10/30/2018 Motion 
Comment
Motion Requesting Leave To Appeal A Pre Trial Motion To Supress Under Texas Rule Appellate Procedure 25.5(2)(b)
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 27 of 50

04/29/2019 Correspondence from 13th Court of Appeals 
Correspondence from 13th Court of Appeals
04/30/2019 Correspondence 
Comment
Correspondence from defendant- Motion Requesting Court to Correct Defective Certification of Right to Appeal
05/16/2019 Correspondence 
Comment
Correspondence from Defendant- Motion Requesting leave to Appeal
05/30/2019 Correspondence 
Comment
Correspondence from Defendant
05/30/2019 Application for Writ of Habeas Corpus 
Comment
Application for Writ of Habeas Corpus Seeking Relief from Final Felony Conviction Under Code of Criminal Procedre, Artilce 11.07
06/03/2019 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus (Defendant)
06/03/2019 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus (District Attorney)
06/03/2019 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus (Judge)
06/03/2019 Clerks Journal 
Comment
Mailed out Letter Acknowledging to Defendant
06/03/2019 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus
06/03/2019 Correspondence 
Comment
Cover Letter
06/04/2019 Appeals Memorandum 
Comment
Appeals Memorandum
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 28 of 50

06/04/2019 Appeals Schedule 
Comment
Appeals Schedule
06/04/2019 Clerks Journal 
Comment
Appeal Memorandum and Schedule mailed to defendant
06/14/2019 Clerks Record 
Comment
Clerks Record Vol. 1
06/14/2019 Clerks Record 
Comment
1st Supplemental Clerks Record
06/17/2019 Other Documents Not Listed 
Comment
Letter to District Clerk (Q)
06/17/2019 Other Documents Not Listed 
Comment
State's Response to Applicant's Fourth Post Conviction Writ of Habeas Corpus Application (Q)
06/18/2019 Correspondence 
Comment
Correspondence from defendant
06/20/2019 Correspondence from 13th Court of Appeals 
Public Document
Public Document
Public Document
Comment
Judgment And Opinion
07/02/2019 Correspondence 
Comment
Correspondence from Defendant
08/01/2019 Correspondence 
Comment
Correspondence from Defendant
08/13/2019 Clerks Record 
Comment
Clerks Record
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 29 of 50

08/13/2019 Clerks Journal 
Comment
Clerk's Record for Writ IV Submitted to Tames
08/14/2019 Correspondence 
Comment
Correspondence from defendant
09/19/2019 Mandate from Court of Appeals 
Comment
Mandate from Court of Appeals
10/02/2019 Application for Writ of Habeas Corpus 
Comment
Fifth Application for Writ of Habeas Corpus
10/02/2019 Application for Writ of Habeas Corpus 
Comment
Application for Writ of Habeas Corpus MEMORANDUM
10/04/2019 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - District Attorney
10/04/2019 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - Defendant
10/04/2019 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - Judge
10/04/2019 Clerks Journal 
Comment
letter acknowledging receipt sent to defendant
10/07/2019 Correspondence 
Comment
Correspondence from Defendant to be added to Application for Writ of Habeas
10/21/2019 Correspondence 
Comment
Correspondence from defendant- Part of the Application for Writ of Habeas Corpus
10/24/2019 Correspondence 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 30 of 50

Comment
Correspondence from Defendant - Motion to Present New Evidence on Issue of Voluntariness Pursuant to T.C.C.P. Art. 38.22. Sect 6
11/06/2019 Clerks Record 
Comment
Clerks Record Fifth Writ of Habeas Corpus 11.07
11/06/2019 Clerks Journal 
Comment
Submitted Clerk's Record for Fifth Writ of Habeas Corpus 11.07 to Tames
11/06/2019 Correspondence 
Comment
Correspondence from defendant
11/19/2019 Correspondence 
Comment
Correspondence from Defendant
11/25/2019 Clerks Record 
Comment
1st Supplemental Clerks Record Writ V
11/25/2019 Clerks Journal 
Comment
1st Supplemental Clerk's Record Writ V has been submitted to the CCA and mailed defendant
12/05/2019 Correspondence 
Comment
Correspondence from defendant
01/14/2020 Correspondence 
Comment
Correspondence from defendant
01/14/2020 Application for Writ of Habeas Corpus 
Comment
Application for Writ of Habeas Corpus
01/16/2020 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus
01/16/2020 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus- Judge (Q)
01/16/2020 Letter Acknowledging Receipt of Writ of Habeas Corpus 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 31 of 50

Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus- DA
01/17/2020 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus- signed by DA
02/13/2020 Clerks Journal 
Comment
Clerks Record Writ VI has been submitted to the CCA and mailed to defendant
02/19/2020 Correspondence 
Comment
Correspondence from The Court of Criminal Appeals
03/12/2020 Correspondence 
Comment
Correspondence from Court of Criminal Appeals - Writ of Habeas Corpus Dismissed without written order (Dalila notified)
04/02/2020 Correspondence from 13th Court of Appeals 
Comment
Letter 13-20-00173-CR Petition for Writ of Mandamus filed 3/31/2020
04/02/2020 Correspondence from 13th Court of Appeals 
Comment
Letter 13-20-00173-CR Opinion issued
04/02/2020 Correspondence from 13th Court of Appeals 
Comment
Memorandum Opinion 13-20-00173-CR Petition for Writ of Mandamus DENIED 4/1/2010 (Q)
04/03/2020 Motion 
Comment
Motion to correct procedural defect, and issue free appellate record (Q)
05/12/2020 Nunc Pro Tunc 
Comment
Nunc Pro Tunc; Texas Rule of Appellate Procedure Rule 44.4 Remediable Error of the Trial Court (Q)
05/18/2020 Application for Writ of Habeas Corpus 
Comment
Application for Writ of Habeas Corpus (Q)
05/19/2020 Correspondence 
Comment
Correspondence - Pro se Memorandum in Support (Q)
05/20/2020 Letter Acknowledging Receipt of Writ of Habeas Corpus 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 32 of 50

Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - Defendant
05/20/2020 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - DA
05/20/2020 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus Judge
05/22/2020 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus(Q)
05/29/2020 Correspondence 
Comment
Pro se Supplemental Memorandum Addressing Subsequent Application (Q)
05/29/2020 Certified Mail Receipt 
Comment
Certified Mail Receipt
06/01/2020 Application 
Comment
Applicant's Proposed Findings of Fact and Conclusion of Law and Order
06/25/2020 Correspondence 
Comment
Letter from Defendant requesting status of Findings of Fact and Conclusions of Law
06/26/2020 Clerks Journal 
Comment
Response sent to Defendant regarding status of Findigs of Fact and Conclusions of Law (Q)
07/09/2020 Clerks Record 
Comment
Clerks Record - Writ 7
07/09/2020 Clerks Journal 
Comment
Clerk's Record - Writ 7 electronically submitted to the Court of Criminal Appeals
07/14/2020 Correspondence 
Comment
Correspondence from Defendant - Brief on Merit and Supplemental Memorandum (Q)
07/15/2020 Cover Letter - Request 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 33 of 50

Comment
Cover letter
07/15/2020 Notice 
Comment
Brief on Merit and Supplemental Memorandum
07/16/2020 Correspondence 
Comment
Correspondence from Court of Criminal Appeals WR-82,033-12 Application for Writ of Habeas Corpus received 7/9/2020
08/18/2020 Correspondence 
Comment
Correspondence from Defendant requesting a copy of the notification from the Court of Criminal Appeals acknowledging receipt of the
Clerk's Record
08/27/2020 Clerks Journal 
Comment
Copy of the Court of Criminal Appeals acknowledgement of receipt of the Clerk's Record sent to Defendant
08/31/2020 Notice 
Comment
Notice of Change of Address from Ernesto Benavides, Jr.
09/03/2020 Correspondence 
Comment
Correspondence
09/11/2020 Returned Mail 
Comment
Returned Mail Copy of Notice from Court of Criminal Appeals acknowledging the application for Writ of Habeas Corpus RETURNED AS
UNABLE TO FORWARD - Defendant has been discharged
09/18/2020 Correspondence 
Comment
Correspondence - email request for copy of appellate record received from Defendant (Q)
09/18/2020 Clerks Journal 
Comment
Returned Mail resent to new address on 9/18/2020
09/22/2020 Clerks Journal 
Comment
Supplemental Clerk's Record (1 volume) 6-14/2019 sent to Defendant by email as requested - Clerk's Record could not be emailed, since
it is too large
09/23/2020 Clerks Journal 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 34 of 50

Comment
Clerk's Record (1 volume) Cause No. 13-19-00197-CR sent by mail
09/24/2020 Official Notice from Court of Criminal Appeals of Texas 
Comment
Official Notice from Court of Criminal Appeals of Texas - Letter Cause No WR-82,033-12 Order issued 9-23-2020
09/24/2020 Official Notice from Court of Criminal Appeals of Texas 
Comment
Official Notice from Court of Criminal Appeals of Texas - Cause No. WR-82,033-12 - Order issued 9-23-2020 - CCA found that Applicant
abused the Writ and filed a frivolous lawsuit. The Application for Writ if Habeas Corpus is DISMISSED (Q)
03/10/2025 Correspondence 
Comment
Correspondence from Defendant
04/22/2025 Post Conviction Writ of Habeas Corpus 
Comment
Application for Writ of Habeas Corpus Filed
04/22/2025 Memorandum 
Comment
Memorandum of Law
04/22/2025 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - Defendant
04/22/2025 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - DA
04/22/2025 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - Judge
04/22/2025 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt Of Writ Of Habeas Corpus-DA -ACKNOWLEDGED WITH SIGNATURE
06/11/2025 Notice 
Comment
Ground 8 of the Applicaition for Writ of Habeas Corpus (Q)
06/11/2025 Memorandum 
Comment
Memorandum of Law in Support of Ground 8 (Q)
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 35 of 50

06/11/2025 Exhibits 
Comment
Exhibit
06/11/2025 Clerks Record 
Comment
Clerks Record Writ of Habeas Corpus VI
06/12/2025 Clerks Journal 
Comment
Clerk's Record Electronically submitted to the Court of Criminal Appeals Trace ID: 28504
06/12/2025 Correspondence 
Comment
Correspondence from Defendant- Mailed in
06/12/2025 Motion 
Comment
Motion for Mandamus Relief- Mailed in
06/13/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus received 06-01-25
06/16/2025 Correspondence 
Comment
Correspondence from Defendant
06/16/2025 Memorandum 
Comment
Memorandum of Law
06/19/2025 Clerks Record 
Comment
Supplemental Clerks Record Writ of Habeas Corpus VI
06/19/2025 Clerks Journal 
Comment
Supplemental Clerk's Record Electronically submitted to the Court of Criminal Appeals Trace ID: 28583
06/23/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus received 06-19-25
06/26/2025 Clerks Record 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 36 of 50

Comment
Second Supplemental Clerks Record Writ of Habeas Corpus VI
06/26/2025 Clerks Journal 
Comment
Second Supplemental Clerk's Record Electronically submitted to the Court of Criminal Appeals Trace ID:28663
06/30/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus supplemental clerk's record received June 26,2025
07/11/2025 Memorandum 
Comment
Enclosed is a Supplemental Memorandum in Support of Ground -8 (Q)
07/14/2025 Memorandum 
Comment
Supplemental Memorandum in Support of Grounds 2,3, adn 4 (Q)
07/14/2025 Memorandum 
Comment
Memorandum in Support of Application for Writ of Habeas Corpus for Writ No. WR-82,033-13 (Q)
07/16/2025 Clerks Record 
Comment
Third Supplemental Clerk's Record Writ of Habes Corpus VI
07/16/2025 Clerks Journal 
Comment
Third Supplemental Clerk's Record Electronically submitted to the Court of Criminal Appeals Trace ID: 28852
07/16/2025 Clerks Record 
Comment
Fourth Supplemental Clerk's Record Writ of Habeas Corpus VI
07/16/2025 Clerks Journal 
Comment
Fourth Supplemental Clerk's Record Electronically submitted to the Court of Criminal Appeals Trace ID: 28855
07/16/2025 Clerks Record 
Comment
Fifth Supplemental Clerk's Record Writ of Habeas Corpus VI
07/16/2025 Clerks Journal 
Comment
Fifth Supplemental Clerk's Record Electronically submitted to the Court of Criminal Appeals Trace ID: 28864
07/18/2025 Official Notice from Court of Criminal Appeals of Texas 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 37 of 50

Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus supplemental clerk's reco
Comment
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus supplemental clerk's record received July 16,2025
07/18/2025 Official Notice from Court of Criminal Appeals of Texas 
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus supplemental clerk's reco
Comment
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus supplemental clerk's record received July 16,2025
07/18/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus supplemental clerk's record received July 16,2025
07/21/2025 Memorandum 
Comment
Memorandum of Law in Support of Ground -10 (Q)
07/22/2025 Clerks Record 
Comment
Sixth Supplemental Clerk's Record Writ of Habeas Corpus VI
07/22/2025 Clerks Journal 
Comment
Sixth Supplemental Clerk's Record Electronically submitted to the Court of Criminal Appeals Trace ID: 28926
07/24/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82-033-13 Supplemental Clerk's Record received 07-22-25
07/24/2025 Correspondence 
Comment
Ground 10 Supplement to Application for Writ of Habeas Corpus VI (Q)
07/28/2025 Supplemental Clerk's Record 
Comment
7th Supplemental Clerk's Record (1 volume)
07/30/2025 Clerks Journal 
Comment
Clerk's Record Electronically Submitted- to Court of Criminal Appeals Trace #29007
07/31/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-13 7th Supplemental Clerk's Record received 07-30-25
08/21/2025 Official Notice from Court of Criminal Appeals of Texas 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 38 of 50

Comment
Correspondence Cause No WR-82,033-13 Order issued 08-20-25 (Q)
08/21/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Order Cause No WR-82,033-13 issued 08-20-25 Application for Writ of Habeas Corpus DENIED AND DISMISSED 08-20-25 (Q)
08/21/2025 Memorandum 
Comment
Supplemental Memorandum in Support of Grounds 4 & 8
08/21/2025 Supplemental Clerk's Record 
Comment
8th Supplemental Clerk's Record - Writ VI (1 volume)
08/21/2025 Clerks Journal 
Comment
8th Supplemental Clerk's Record electronically submitted to the Court of Criminal Appeals
08/22/2025 Exhibits 
Comment
Exhibit to Writ VI
08/25/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-13 Supplemental Clerk's Record received 8-21-25
08/27/2025 Motion 
Comment
Motion for Hearing pusruance to Supplemental Memoranum in Support of Ground 8
09/03/2025 Correspondence from 13th Court of Appeals 
Comment
Correspondence Cause No 13-25-00434-CR Petition for Writ of Mandamus filed 09-02-25 (Q)
09/04/2025 Correspondence from 13th Court of Appeals 
Comment
Correspondence Cause No 13-25-00434-CR Opinion issued 09-03-25 (Q)
09/04/2025 Correspondence from 13th Court of Appeals 
Comment
Memorandum Opinion Cause No 13-25-00434-CR issued 09-03-25 (Q
09/05/2025 Supplemental Clerk's Record 
Comment
9th Supplemental Clerk's Record
09/05/2025 Clerks Journal 
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 39 of 50

Comment
9th Supplemental Clerk's Record electronically submitted to the Court of Criminal Appeals Trace #75240
09/09/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-13 Supplemental Clerk's Record received 09-05-25
10/10/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-14 Application for Writ of Mandamus DENIED WITHOUT WRITTEN ORDER (Q)
11/03/2025 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82,033-15 Motion for leave to file Original Applkication for Writ of CertioRari DENIED 10-30-25 (Q)
11/17/2025 Motion 
Comment
Motion for Judgment NuncPro Tunc to Correct Clerical Error (MAILED IN)
11/17/2025 E-Filed Order 
Comment
Order (MAILED IN) (Q)
11/17/2025 Exhibits 
Comment
Exhibit 1
01/29/2026 Post Conviction Writ of Habeas Corpus 
Comment
In the Court of Criminal Appeals of Texas Application for a Writ of Habeas Corpus Seeking Relief from Final Felony Conviction Under
Code of Criminal Procedure Article 11.07 - Writ VII
02/09/2026 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - Defendant
02/09/2026 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - DA
02/09/2026 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - Judge (Q)
02/10/2026 Letter Acknowledging Receipt of Writ of Habeas Corpus 
Comment
Letter Acknowledging Receipt of Writ of Habeas Corpus - DA Receipt
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 40 of 50

Financial
03/03/2026 Cover Letter - Request
03/03/2026 Memorandum 
Comment
Memorandum in Support of Writ of Habeas Corpus C.C.P. art. 11.07
03/18/2026 Memorandum 
Comment
Memorandum in Support of Writ of Habeas Corpus
03/20/2026 Clerks Record 
Comment
Clerks Record Writ VII (1 volume)
03/20/2026 Clerks Journal 
Comment
Clerk's Record - Writ VII (1 volume) electronically submitted to the Court of Criminal Appeals Trace 77107
03/24/2026 Official Notice from Court of Criminal Appeals of Texas 
Correspondence Cause No WR-82,033-16 - Application for Writ of Habeas Corpus received 03-20-26
Comment
Correspondence Cause No WR-82,033-16 - Application for Writ of Habeas Corpus received 03-20-26
05/01/2026 Official Notice from Court of Criminal Appeals of Texas 
Comment
Correspondence Cause No WR-82-033-16 Application for Writ of Habeas Corpus DENIED WITHOUT WRITTEN ORDER (Q)
BENAVIDES, ERNESTO, Jr.
Total Financial Assessment 	$339.00
Total Payments and Credits 	$339.00
10/8/2013 	Transaction Assessment 	$20.00
11/5/2013 	Transaction Assessment 	$319.00
10/9/2014 	Payment 	Receipt # 2014-39718 	BENAVIDEZ, ERNESTO, Jr. 	($10.01)
2/11/2015 	Payment 	Receipt # 2015-07450 	BENAVIDEZ, ERNESTO, Jr. 	($10.00)
4/13/2015 	Payment 	Receipt # 2015-18686 	BENAVIDEZ, ERNESTO, Jr. 	($10.00)
8/13/2015 	Payment 	Receipt # 2015-39777 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
8/13/2015 	Payment 	Receipt # 2015-39778 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
9/14/2015 	Payment 	Receipt # 2015-45266 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
9/14/2015 	Payment 	Receipt # 2015-45268 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 41 of 50

10/15/2015 	Payment 	Receipt # 2015-50665 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
10/15/2015 	Payment 	Receipt # 2015-50666 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
11/16/2015 	Payment 	Receipt # 2015-56266 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
11/16/2015 	Payment 	Receipt # 2015-56267 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
12/9/2015 	Payment 	Receipt # 2015-59847 	BENAVIDEZ, ERNESTO, Jr. 	($11.00)
12/9/2015 	Payment 	Receipt # 2015-59848 	BENAVIDEZ, ERNESTO, Jr. 	($11.00)
1/13/2016 	Payment 	Receipt # 2016-02270 	BENAVIDEZ, ERNESTO, Jr. 	($8.00)
1/13/2016 	Payment 	Receipt # 2016-02271 	BENAVIDEZ, ERNESTO, Jr. 	($8.00)
3/8/2016 	Payment 	Receipt # 2016-12446 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
3/8/2016 	Payment 	Receipt # 2016-12448 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
4/15/2016 	Payment 	Receipt # 2016-19741 	BENAVIDEZ, ERNESTO, Jr. 	($16.00)
4/15/2016 	Payment 	Receipt # 2016-19742 	BENAVIDEZ, ERNESTO, Jr. 	($16.00)
5/11/2016 	Payment 	Receipt # 2016-24499 	BENAVIDEZ, ERNESTO, Jr. 	($9.00)
5/11/2016 	Payment 	Receipt # 2016-24500 	BENAVIDEZ, ERNESTO, Jr. 	($9.00)
6/21/2016 	Payment 	Receipt # 2016-32054 	BENAVIDEZ, ERNESTO, Jr. 	($9.50)
6/21/2016 	Payment 	Receipt # 2016-32055 	BENAVIDEZ, ERNESTO, Jr. 	($9.50)
7/18/2016 	Payment 	Receipt # 2016-36188 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
7/18/2016 	Payment 	Receipt # 2016-36189 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
8/16/2016 	Payment 	Receipt # 2016-41484 	BENAVIDEZ, ERNESTO, Jr. 	($7.00)
8/16/2016 	Payment 	Receipt # 2016-41486 	BENAVIDEZ, ERNESTO, Jr. 	($7.00)
9/19/2016 	Payment 	Receipt # 2016-47867 	BENAVIDEZ, ERNESTO, Jr. 	($12.00)
9/19/2016 	Payment 	Receipt # 2016-47868 	BENAVIDEZ, ERNESTO, Jr. 	($12.00)
10/19/2016 	Payment 	Receipt # 2016-53235 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
10/19/2016 	Payment 	Receipt # 2016-53236 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
11/15/2016 	Payment 	Receipt # 2016-58232 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
11/15/2016 	Payment 	Receipt # 2016-58255 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
12/15/2016 	Payment 	Receipt # 2016-63169 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
12/15/2016 	Payment 	Receipt # 2016-63171 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
1/24/2017 	Payment 	Receipt # 2017-03860 	BENAVIDEZ, ERNESTO, Jr. 	($8.50)
1/24/2017 	Payment 	Receipt # 2017-03861 	BENAVIDEZ, ERNESTO, Jr. 	($8.50)
2/17/2017 	Payment 	Receipt # 2017-07989 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
2/17/2017 	Payment 	Receipt # 2017-07992 	BENAVIDEZ, ERNESTO, Jr. 	($6.00)
3/20/2017 	Payment 	Receipt # 2017-14264 	BENAVIDEZ, ERNESTO, Jr. 	($19.50)
3/20/2017 	Payment 	Receipt # 2017-14265 	BENAVIDEZ, ERNESTO, Jr. 	($19.50)
4/21/2017 	Payment 	Receipt # 2017-19888 	BENAVIDEZ, ERNESTO, Jr. 	($6.50)
4/21/2017 	Payment 	Receipt # 2017-19898 	BENAVIDEZ, ERNESTO, Jr. 	($6.50)
5/22/2017 	Payment 	Receipt # 2017-25135 	BENAVIDEZ, ERNESTO, Jr. 	($3.00)
5/22/2017 	Payment 	Receipt # 2017-25141 	BENAVIDEZ, ERNESTO, Jr. 	($1.99)
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 42 of 50

Documents
Clerks Journal
Correspondence
Application for Writ of Habeas Corpus
Motion
Correspondence from 13th Court of Appeals
Public Document
Public Document
Public Document
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus supplemental clerk's reco
Correspondence Cause No WR-82,033-13 Application for Writ of Habeas Corpus supplemental clerk's reco
Correspondence Cause No WR-82,033-16 - Application for Writ of Habeas Corpus received 03-20-26
EXHIBIT 1
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 43 of 50

Case Information
2024-DCR-01909 | The State of Texas vs ERNESTO BENAVIDES, Jr.
Case Number
2024-DCR-01909
Court
107th District Court
Judicial Officer
Euresti, Benjamin, Jr.
File Date
08/07/2024
Case Type
Felony Offense
Case Status
Disposed
Party
State
The State of Texas
Defendant
BENAVIDES, ERNESTO, Jr.
DOB
XX/XX/XXXX
Gender
Male
Active Attorneys 
Lead Attorney
PEREZ, NAT C., Jr.
Court Appointed
Charge
Charges
BENAVIDES, ERNESTO, Jr.
Description 	Statute 	Level 	Date
1 	POSS MARIJ >5LBS<=50LBS-
2024XMG1795/MARTINEZ
481.121(b)(4) 	Third Degree Felony 	06/05/2024
EXHIBIT 2
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 44 of 50

12/11/2024 Plea 
Judicial Officer
Euresti, Benjamin, Jr.
12/13/2024 Disposition 
Judicial Officer
Euresti, Benjamin, Jr.
12/11/2024 Sentence - Probation/Community Supervision (OCA) 
Confinement
Confinement to Commence: 12/11/2024
5 Years, TDCJ - Prison, Texas Department of Criminal Justice
Suspended 5 Years
Disposition Events
1 	POSS MARIJ >5LBS<=50LBS-2024XMG1795/MARTINEZ 	Guilty
1 	POSS MARIJ >5LBS<=50LBS-2024XMG1795/MARTINEZ 	Convicted -
1 	POSS MARIJ >5LBS<=50LBS-
2024XMG1795/MARTINEZ
Sentence - Probation/Community Supervision (OCA)
Events and Hearings
08/07/2024 Felony Information Form 
Comment
Felony Information Form
08/07/2024 Indictment or Information (OCA) 
Indictment or Information (OCA)
Comment
Original Case Filed by Indictment or Information (OCA) and CR-43
08/07/2024 CR-43/CR-44 
EXHIBIT 2
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 45 of 50

Comment
CR-43/CR-44
08/12/2024 Bond 
Comment
$25,000.00 - Jr's Express Bail Bonds posted on: (23-XMG-1795) on 6/7/24.
08/12/2024 Indictment Letter to Defendant 
Comment
Indictment Letter to Defendant
08/14/2024 Affidavit 
Record Determining Accused is Not Indigent
Comment
Record Determining Accused is Not Indigent (Q)
08/16/2024 Notice of Arraignment 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Notice of Arraignment
08/19/2024 Good Bond Letter 
Comment
Mailed out to Defendant.
09/04/2024 Arraignment Hearing 
Original Type
Arraignment Hearing
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
1:00 PM
Result
Reset
09/04/2024 Journal Entry 
Comment
Arraignment reset for FTA record for Monday - September 16, 2024 at 8:30 a.m., defendant was set on Arraignment docket of
9/4/24- no show to courtroom, no phone call to court & PTR..
09/04/2024 Journal Entry 
Comment
T/C from defendant himself, he called at 2:46 p.m., he claims he did not have a ride, message was given to him , that he was
told on letter to contact PTR prior to this date; he was provided with phone number to contact PTR; they need documents and
will give him an appt. to see if he qualifies for an attorney, if he does, court will e-mail that attorney the Waiver and remove him
from the FTA record hearing set for 9/16/24; if not he needs to appear in person on that date and explain to the judge, why he
did not show up and this court will not reset his case again/dse
09/16/2024 Arraignment Hearing 
EXHIBIT 2
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 46 of 50

Original Type
Arraignment Hearing
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
8:30 AM
Result
Reset
Comment
FTA RECORD - DEF. WAS SET ON 9/4/24 - ARRAIGNMENT DOCKET. DID NOT SHOW UP TO COURT OR PHONE CALL TO
COURT & PTR.
09/16/2024 Affidavit 
Record Determining Accused is Not Indigent
Comment
Record Determining Accused is Not Indigent (Q)
09/16/2024 Journal Entry 
Comment
Case called for Arraignment, defendant appeared without an attorney, court appointed Hon. Nat Perez, Jr., from the bench,
case was reset for October 14, 2024 at 8:30 a.m., waiver was emailed to Mr. Perez/dse
09/17/2024 Appointment of Attorney 
Order Appointing Attorney From the Bench
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Appointment of Attorney - FROM THE BENCH
10/14/2024 Arraignment Hearing 
Original Type
Arraignment Hearing
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
8:30 AM
Result
Held
Comment
WAIVER OF ARRAIGNMENT E-MAILED TO - HON. NAT PEREZ, JR. (WHO WAS CT. APPT) FROM THE BENCH
10/14/2024 Journal Entry 
Comment
Case called for Arraignment. B. Pattillo for State; Nat Perez, Jr., by court-appointment appeared with defendant (in courtroom);
defendant executed waiver and pled "Not Guilty". Case set for Announcements on: November 19, 2024 at 8:30 a.m.; Trial on
December 2, 2024 at 8:30 a.m.
10/15/2024 Waiver of Arraignment 
Comment
Waiver of Arraingment
11/20/2024 Announcement 
EXHIBIT 2
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 47 of 50

Original Type
Announcement
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
9:00 AM
Result
Plead
11/20/2024 Journal Entry 
Comment
Case called for Announcements. B. Pattillo for State; Nat Perez, Jr., by court-appointment with defendant (in custody).
Defendant pled guilty to: POM (in an amount of 50 lbs or less but more ethan 5 lbs) - 3rd Degree. PLEA BARGAIN: Five (5)
Years TDC/Probated for Five (5) Years. State dismissed Cause No.: 2024-DCR-2783. Pre-Sentence report ordered. Sentencing
set for: December 11, 2024 at 8:30 a.m.
11/20/2024 Plea 
Comment
PLEA BARGAIN: Five (5) Years TDC/Probated for Five (5) Years. State dismissed Cause No.: 2024-DCR-2783.
11/20/2024 Written Waiver and Consent to Stipulation of Testimony 
Written Waiver and Consent to Stipulation of Testimony
Judicial Officer
Nelson, Arturo
Comment
Written Waiver and Consent to Stipulation of Testimony, Waiver of Jury, and Plea of Guilty
11/20/2024 Exhibits 
Comment
Exhibits to Written Waiver and Consent to Stipulation of Testimony
11/20/2024 Joint Statement of Compliance 
Joint Statement of Compliance
Comment
Joint Statement of Compliance with 39.14 of the Texas Code of Criminal Procedure
11/20/2024 Trial Courts Certification of Defendants Right of Appeal 
Trial Courts Certification of Defendants Right of Appeal
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Trial Courts Certification of Defendants Right of Appeal
12/02/2024 Jury Trial 
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
8:30 AM
Cancel Reason
Other
12/04/2024 Pre-Sentence Investigation Report 
EXHIBIT 2
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 48 of 50

Financial
Comment
Pre-Sentence Investigation Report (Q)
12/11/2024 Punishment/Sentencing 
Original Type
Punishment/Sentencing
Judicial Officer
Euresti, Benjamin, Jr.
Hearing Time
9:00 AM
Result
Held
Comment
DEF. IN CUSTODY UNDER S.O.# 260148
12/11/2024 Journal Entry 
Comment
Case called for punishment hearing. P. Gilman for State; Nat Perez, Jr., by court-appointment with defendant. Court finds
defendant guilty of: Possession of Marihuana (50 lbs or less but more than 5 lbs) - (3rd Degree). Punishment (pursuant to the
agreement) assessed at: Five (5) Years TDC/Probated for Five (5) Years. All costs and fees to be paid within 24 months. Submit
to drug/alcohol counseling classes; random urine analysis; All conditions on PSI; any and all other conditions deemed
necessary upon evaluation. State dismissed Cause No.: 2024-DCR-2783-A.
12/11/2024 Punishment/Sentencing/Dismissal 
Comment
Five (5) Years TDC/Probated Five (5) Years - JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL
01/06/2025 Attorney Fees Expense Claim Form 
Judicial Officer
Euresti, Benjamin, Jr.
Comment
Attorney Fees Expense Claim Form
03/10/2025 Correspondence 
Comment
Correspondence from Defendant Ernesto Benavides Jr
07/14/2025 Motion 
Comment
Motion to Modify Conditions of Community Supervision Tex. Code Criminal Procedure
BENAVIDES, ERNESTO, Jr.
Total Financial Assessment 	$614.00
EXHIBIT 2
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 49 of 50

Documents
Indictment or Information (OCA)
Record Determining Accused is Not Indigent
Record Determining Accused is Not Indigent
Order Appointing Attorney From the Bench
Written Waiver and Consent to Stipulation of Testimony
Joint Statement of Compliance
Trial Courts Certification of Defendants Right of Appeal
Total Payments and Credits 	$0.00
8/8/2024 	Transaction Assessment 	$320.00
12/19/2024 	Transaction Assessment 	$34.00
1/15/2025 	Transaction Assessment 	$260.00
EXHIBIT 2
Case 1:25-cv-00207 Document 41 Filed 06/22/26 in TXSD Page 50 of 50