From Casetext: Smarter Legal Research

Craft v. David

United States District Court, N.D. Florida, Tallahassee Division
Mar 6, 2008
CASE NO. 4:06-cv-00424-MP-WCS (N.D. Fla. Mar. 6, 2008)

Summary

evaluating inmate's due process and ex post facto challenge to Florida's judicial comment provision under § 1983

Summary of this case from Tooma v. Florida Parole Commission

Opinion

CASE NO. 4:06-cv-00424-MP-WCS.

March 6, 2008


ORDER


This matter is before the Court on Doc. 32, the Report and Recommendation of the Magistrate Judge, recommending that summary judgment be entered in favor of the defendants. The time for filing objections has passed, and none have been filed. The Court agrees that the Eleventh Circuit has made clear that changes to the parole decision process cannot be violations of the ex post facto clause. Accordingly, Plaintiff's six claims are without merit and it is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
2. The motion for summary judgment (doc. 23) is granted in favor of the Defendants, and the clerk is directed to close the file.
DONE AND ORDERED.


Summaries of

Craft v. David

United States District Court, N.D. Florida, Tallahassee Division
Mar 6, 2008
CASE NO. 4:06-cv-00424-MP-WCS (N.D. Fla. Mar. 6, 2008)

evaluating inmate's due process and ex post facto challenge to Florida's judicial comment provision under § 1983

Summary of this case from Tooma v. Florida Parole Commission
Case details for

Craft v. David

Case Details

Full title:MELVIN LEE CRAFT, Plaintiff, v. MONICA DAVID, FREDERICK B DUMPHY, TENA…

Court:United States District Court, N.D. Florida, Tallahassee Division

Date published: Mar 6, 2008

Citations

CASE NO. 4:06-cv-00424-MP-WCS (N.D. Fla. Mar. 6, 2008)

Citing Cases

Tooma v. Florida Parole Commission

Preiser, 411 U.S. at 489, 93 S.Ct. 1827; Wilkinson, 125 S.Ct. at 1248. Courts have held that § 1983 is the…

Gross v. McNeil

See May, 435 So.2d at 837.Gaines v. Florida Parole Comm'n, 743 So.2d 118, 121-22 (Fla. 4th DCA 1999); see…