Donald Stephens, and v. John Thomas, Warden, and Cross-Appellee

PAUL KELLY, Jr., Circuit Judge.

The Warden of the State of New Mexico appeals the district court’s grant of habeas corpus, 28 U.S.C. § 2254, to Mr. Stephens. The district court determined that Mr. Stephens’ good time credits were forfeited without procedural or substantive due process. Mr. Stephens cross-appeals challenging the district court’s rejection of his claims under the Equal Protection Clause and the Ex Post Facto Clause. Our jurisdiction arises under 28 U.S.C. §§ 1291, 2253 and we reverse.

Background

Mr. Stephens was convicted of first degree murder and sentenced to life imprisonment.…