Danny A. Stewart v. Gayle Ray, Commissioner, TDOC et al.

Danny A. Stewart, a prisoner serving multiple sentences, some concurrently and some consecutively, filed a petition for certiorari naming as respondents the Commissioner of the Department of Correction and heads of various other agencies allegedly responsible for determining his eligibility for parole (collectively referred to as “TDOC”). He alleges TDOC is incorrectly calculating his eligibility for parole in that it is basing its calulation on the aggregate consecutive sentences of 42 years, whereas the correct method is to calculate eligibility on each separate sentence so that he would start serving his next consecutive sentence as an “in custody” parolee of his earliest consecutive sentence. The trial court dismissed the case based on Stewart’s failure “to exhaust his administrative remedies,” i.e., by seeking a “declaratory order from TDOC before filing the present action.” Stewart appeals. We vacate the order of dismissal and remand for further proceedings.