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RYAN v. DEPARTMENT OF CORRECTIONS

Docket No. 230909.

672 N.W.2d 535 (2003)

259 Mich. App. 26

James E. RYAN, Plaintiff-Appellee, v. DEPARTMENT OF CORRECTIONS, Defendant-Appellant.

Court of Appeals of Michigan.

Decided October 7, 2003, at 9:05 a.m.

Released for Publication December 11, 2003.

Attorney(s) appearing for the Case

State Appellate Defender (by Anne Yantus), Detroit, for the plaintiff.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Jason Julian, Assistant Attorney General, for the defendant.

Before: NEFF, P.J., and WHITE and OWENS, JJ.

PER CURIAM.

Defendant Department of Corrections (DOC) appeals as of right from the circuit court's grant of a writ of habeas corpus to plaintiff. The question is whether defendant has statutory authority to forfeit disciplinary credits earned on a sentence that has been "completed" by serving the maximum term less disciplinary credits on the basis of misconduct occurring while serving a sentence that was ordered to be served...

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