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SMITH v. BECK

No. COA05-561.

627 S.E.2d 284 (2006)

Larry Eugene SMITH, Petitioner, v. Theodis BECK, in his official capacity as Secretary of the N.C. Dept. Of Correction, Respondent.

Court of Appeals of North Carolina.

March 21, 2006.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General J. Philip Allen, for respondent-appellee.

North Carolina Prisoner Legal Services, Inc., by Richard E. Giroux, Raleigh, for petitioner-appellant.

HUDSON, Judge.

On 24 March 2004, petitioner Larry Eugene Smith filed a petition pro se seeking declaratory relief and writ of mandamus, claiming that respondent Theodis Beck, N.C. Department of Correction secretary, was decreasing his good time credits in violation of the ex post facto clause of the United States and North Carolina constitutions and in violation of state law. Respondent filed a motion to dismiss...

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