Damiano V. Florida Parole And Probation Commission And Jim Smith

Petitioner-appellant Charles Damiano brings this appeal from the district court's denial of his petition for writ of habeas corpus. Damiano, a Florida State prisoner, alleged that respondent-appellee Parole and Probation Commission had unconstitutionally extended his presumptive parole release date (PPRD). Specifically, he claimed that appellee had violated his rights to due process and equal protection, had subjected him to cruel and unusual punishment, and had detained him pursuant to an ex post facto law. A magistrate recommended denial of the writ, without benefit of an evidentiary hearing. The district court reviewed the magistrate's recommendation de novo and denied the writ. We affirm the lower court on denial of the ex post facto and Eighth Amendment claims, but vacate and remand for a hearing on portions of the due process and equal protection claims.