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MONTALTO v. MISSISSIPPI DEPARTMENT OF CORRECTIONS

No. 18-60274.

938 F.3d 649 (2019)

Stephen Daniel MONTALTO, Petitioner-Appellee v. MISSISSIPPI DEPARTMENT OF CORRECTIONS; Pelicia Hall, Commissioner, Mississippi Department of Corrections, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed September 11, 2019.

Attorney(s) appearing for the Case

Stephen Daniel Montalto, Pro Se.

Jerrolyn M. Owens , Office of the Attorney General for the State of Mississippi, Jackson, MS, for Respondents-Appellants.

Jason Paul Steed , Kilpatrick Townsend & Stockton, L.L.P., Dallas, TX, for Special Respondent.

Before DAVIS, HIGGINSON, and WILLETT, Circuit Judges.

Mississippi inmate Stephen Montalto filed a § 2254 petition for habeas relief seeking reinstatement of his earned-release supervision (ERS) and trusty time. Montalto alleged that the Mississippi Department of Corrections (MDOC) had groundlessly revoked his ERS and trusty time in violation of due process...

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