Citation Codes Equivalent Citations citation codes Docket Number No. 3-00-CV-1425-R. Judges United States Magistrate Judge, Jeff Kaplan See more information ... Smart Summary Please sign up to generate summary. JOHNNY RAY ELLIOTT Petitioner, v. GARY JOHNSON, Director Texas Department of Criminal Justice, Institutional Di ORDER United States Magistrate Judge, Jeff Kaplan Petitioner Johnny Ray Elliott has filed a motion for reconsideration in this habeas case. According to petitioner, the TDCJ-ID has either promulgated a regulation or established an official policy or practice which effectively denies inmates serving life sentences from obtaining release to mandatory supervision. Petitioner contends that this regulation, policy, or practice is contrary to the legislative intent of Article 42.12, § 15 of the Texas Code of Criminal Procedure and violates his right to equal protection under the law. Petitioner further notes that another judge in this district has held that an inmate serving a life sentence is eligible for release to mandatory supervision after serving at least 20 calendar years. See Govan v. Johnson, No. 1-97-CV-241-C, op. at 6-7 (N.D. Tex. July 20, 1998), This statute provides, in relevant part: A prisoner who is not on parole, except a person under sentence of death, shall be released to mandatory supervision by order of the [Parole] Board when the calendar time he has served plus any accrued good conduct time equal the maximum term to which he was sentenced. A prisoner released to mandatory supervision shall, upon release, be deemed as if released on parole. . . TEX. CODE CRIM. PROC. ANN. art. 42.12 § 15(c) (Vernon 1977). Respondent shall file a written response to the motion for reconsideration by March 23, 2001. The response should specifically address the Go van decision and the other arguments raised by petitioner in his motion. Petitioner may file a reply by April 6, 2001. No further pleadings will be allowed without leave of court. SO ORDERED.