Hamby v. State

PETERSON, Judge.

James Hamby, an inmate at Marion Correctional Institution, petitioned for a writ of habeas corpus, alleging that he lost eighty days’ gain time as a result of disciplinary action and that the record supports his position that the time should be restored. We deny the petition.

Habeas corpus relief is not available as a remedy to contest loss of gain time unless an inmate is being unlawfully detained and is entitled to an immediate release. See Thomas v. Dugger, 548 So.2d 230 (Fla.1989); Williams v. State, 519 So.2d 723 (Fla. 5th DCA 1988). If Hamby has exhausted his…