Pontes v. DuBois

Memorandum

Petitioner claims credit for certain earned good time which, he says, Respondent has wrongfully withheld. All agree that the records which Respondent (more accurately, the Department of Corrections) maintains do not reflect the earned good-time credits which Petitioner claims. The difference is 91.5 days (i.e., 330 days minus 238.5 days).

The state of the evidence is such that no fact finder could accurately determine which contention is true. Petitioner says he participated in certain activities normally entitling him to good-time credits and that the lacunae in Respondent’s ledgers…