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Johnny Hunter v. Florida Parole & Probation Commission

Johnny HUNTER, Petitioner, v. FLORIDA PAROLE & PROBATION COMMISSION, Respondent

Hunter v. Fla. Parole & Prob. Comm'n, 674 F.2d 847 (11th Cir. 1982)
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Court
Court of Appeals for the Eleventh Circuit · U.S. Courts of Appeals
Decided
April 30, 1982
Docket
No. 81-5536
Judges
Anderson, Godbold, Johnson, Per Curiam
Citations
674 F.2d 8471982 U.S. App. LEXIS 19643
Summary
Non-Argument Calendar.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

PER CURIAM:

The appellant, Johnny Hunter, filed a pro se petition for the writ of habeas corpus, 28 U.S.C.A. § 2254 , in which he contended that the Florida Parole and Probation Commission violated his right to due process by improperly calculating his presumptive parole release date. Acting upon a recommendation of the magistrate, the district court dismissed the action for the reason that the Florida parole statutes create no constitutionally protected liberty interest.

The due process clause of the Fourteenth Amendment applies when government action deprives a person of liberty or property.

Greenholtz v. Nebraska Penal Inmates, 442 U.S. 1, 7 , 99 S.Ct. 2100, 2103 , 60 L.Ed.2d 668 (1979). While there is no inherent or constitutional right to conditional release before the expiration of a valid sentence, a state may create a protectible liberty interest in the establishment of a parole system.

Id.

at 12 , 99 S.Ct. at 2106 . The former Fifth Circuit has held, however, that no liberty interest in parole was created by the Florida statutes.

Staton v. Wainwright, 665 F.2d 686 (5th Cir. 1982). We agree.

Accordingly, we hold that the petition was properly dismissed as there was no deprivation of a federally protected right.

AFFIRMED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 17 cases

View all citing references →
1982: 21983: 11984: 21986: 21989: 11997: 12007: 12008: 12009: 12011: 12018: 12020: 12021: 12025: 119822026peak 1982 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Greenholtz v. Inmates of the Neb. Penal & Corr. Complex, 442 U.S. 1 (1979) 2,938
Staton v. Wainwright, 665 F.2d 686 (5th Cir. 1982) 30

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