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Johnny Hunter v. Florida Parole & Probation Commission, 674 F.2d 847, 11th Cir. (1982)
Johnny Hunter v. Florida Parole & Probation Commission, 674 F.2d 847, 11th Cir. (1982)
2d 847
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.
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.
3
Accordingly, we hold that the petition was properly dismissed as there was no
deprivation of a federally protected right.
AFFIRMED.