Ralph Abed v. John J. Armstrong, Comm'r, Dep't of Corr., State of Connecticut, 209 F.3d 63 (2d Cir. 2000). · Go Syfert
Ralph Abed v. John J. Armstrong, Comm'r, Dep't of Corr., State of Connecticut, 209 F.3d 63 (2d Cir. 2000). Cases Citing This Book View Copy Cite
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61 citation events (58 in the last 25 years) across 23 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
cited Cited as authority (rule) Stephen Pennyman v. Leighann Caruso, et al.
D. Conn. · 2026 · confidence medium
May 26, 2022), aff’d, 84 F.4th 87 (2d Cir. 2023) (quoting Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir. 2000)).
discussed Cited as authority (rule) Julian Lemus Castro v. Warden Flowers
D. Conn. · 2026 · confidence medium
“Most issues concerning the Ex Post Facto Clause involve claims, as here, that a law has inflicted ‘a greater punishment, than the law annexed to the crime, when committed.’” Abed v. Armstrong, 209 F.3d 63, 65 (2d Cir. 2000) (quoting Lynce v. Mathis, 519 U.S. 433, 441 (1997)).
discussed Cited as authority (rule) Richard Ferreer v. Long, et al.
E.D. Va. · 2026 · confidence medium
Va. Sept. 30, 2009) (citing cases).5 If the nature of the restraint the plaintiff challenges meets either prong of this threshold, the plaintiff must next show that Virginia’s statutory or regulatory language “grants its inmates . . . a protected liberty interest in remaining free from that restraint.” Puranda, 2009 WL 3175629 , at *4 (alteration in original) (quoting Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000)).
discussed Cited as authority (rule) Gilford Lee v. D. Stanton, Larry T. Edmonds, Adrian Tucker
E.D. Va. · 2025 · confidence medium
Va. Sept. 30, 2009) (citing cases).’ If the nature of the restraint the plaintiff challenges meets either prong of this threshold, the plaintiff must next show that Virginia’s statutory or regulatory language “grants its inmates... a protected liberty interest in remaining free from that restraint.” Puranda, 2009 WL 3175629 , at *4 (alteration in original) (quoting Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000)).
discussed Cited as authority (rule) Portocarrero-Valencia v. Warden (2×) also: Cited "see"
S.D.N.Y. · 2025 · confidence medium
Complex, 442 U.S. 1, 7 (1979), then citing Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir. 2000)); see Abed, 209 F.3d at 67 (while prisoners have a liberty interest in credits they have already earned, they do not have a “cognizable liberty interest” in the opportunity to earn or be eligible for good time credits) 8 Petitioner’s reply raises additional irrelevant and unsubstantiated arguments for the first time.
discussed Cited as authority (rule) United States v. Weinlein
2d Cir. · 2024 · confidence medium
“To violate the Ex Post Facto Clause … a law must be retrospective—that is, it must apply to events occurring before its enactment—and it must disadvantage the offender affected by it, by altering the definition of criminal conduct or increasing the punishment for the crime.” Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000) (emphasis added) (internal quotation marks omitted).
discussed Cited as authority (rule) Cato v. Reardon
N.D.N.Y. · 2024 · confidence medium
Similarly, with respect to merit allowances, "[a]lthough inmates have a liberty interest in good time credit they have already earned, no such interest has been recognized in the opportunity to earn good time credit where, as here, prison officials have discretion to determine whether an inmate or class of inmates is eligible to earn good time credit." Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. 2000) (internal citation omitted); Lighthall v. Vadlamudi, No. 9:04-CV-721 (NAM/RFT), 2006 WL 721568 , at *15 (N.D.N.Y.
discussed Cited as authority (rule) Baird v. Deml
D. Vt. · 2023 · confidence medium
The Second Circuit has held that “[a]lthough inmates have a liberty interest in good behavior credit they have already earned, no such interest has been recognized in the opportunity to earn good time credit where . . . prison officials have discretion to determine whether an inmate or class of inmates is eligible to earn good time credit” Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. 2000) (emphasis supplied) (citation omitted) (collecting cases).?
discussed Cited as authority (rule) Munteanu v. Lowe
E.D.N.Y · 2023 · confidence medium
A prisoner's due process rights are implicated by disciplinary actions imposing a loss of good time credit because "inmates have a liberty interest in good time credit they have already earned." Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. 2000) (citing Wolff v. McDonnell, 418 U.S. 539, 556-58 (1974)).
discussed Cited as authority (rule) SEC v. Ahmed
2d Cir. · 2023 · confidence medium
“To violate the Ex Post Facto Clause . . . a law must be retrospective—that is, it must apply to events occurring before its enactment—and it must disadvantage the offender affected by it, by altering the definition of criminal conduct or increasing the punishment for the crime.” Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000) (cleaned up).
discussed Cited as authority (rule) Tripathy v. Feuz
W.D.N.Y. · 2023 · confidence medium
Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir. 2000) (where good time credit is a discretionary matter, inmate has no liberty interest in the opportunity to earn good time credit); see N.Y.
discussed Cited as authority (rule) Carter-Mitchell Jr. v. Hastings
S.D.N.Y. · 2023 · confidence medium
“Although inmates have a liberty interest in good time credit they have already earned, no such interest has been recognized in the opportunity to earn good time credit ....” See Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir. 2000) (citations omitted); Carter-Mitchell, 2017 WL 375634 , at *6 (in another Section 2241 action brought by Petitioner, holding that, though Petitioner claimed the sanctions brought against him “indirectly” resulted in a loss of good time credit, he had not been deprived of a liberty interest when he did not allege facts establishing that he had been deprived “of…
discussed Cited as authority (rule) White v. Mielnicki
N.D.N.Y. · 2022 · confidence medium
Although “inmates have a liberty interest in good time credit they have already earned,” Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. 2000) (citing Wolff v. McDonnell, 418 U.S. 539, 556-57 ), when viewed in the light most favorable to Plaintiff, his Complaint does not indicate that revocation of his good time credits was done with insufficient process or in an arbitrary or irrational manner.
discussed Cited as authority (rule) Combs v. Giddens
E.D. Va. · 2022 · confidence medium
If the nature of the restraint that the plaintiff challenges meets either prong of this threshold, the plaintiff must next show that Virginia’s statutory or regulatory language “grants its inmates . . . a protected liberty interest in remaining free from that restraint.” Puranda, 2009 WL 3175629 , at *4 (alteration in original) (quoting Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000)). “[C]hanges in a prisoner[’s] location, variations of daily routine, changes in conditions of confinement (including administrative segregation), and the denial of privileges [are] matters which every…
examined Cited as authority (rule) Bangs v. Smith (3×) also: Cited "see", Cited "see, e.g."
W.D.N.Y. · 2022 · confidence medium
Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. 2000) (citing Wolff).
discussed Cited as authority (rule) Edwards v. Gutwien
S.D.N.Y. · 2022 · confidence medium
While incarcerated individuals “have a liberty interest in good time credit they have already earned,” see Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. 2000), Plaintiff does not allege that he actually lost good time credit or that he had, in fact, earned any good time credit to lose.
discussed Cited as authority (rule) Watford v. Leabough
E.D. Va. · 2022 · confidence medium
If the nature of the restraint that the plaintiff challenges meets either prong of this threshold, the plaintiff must next show that 15 Virginia’s statutory or regulatory language “grants its inmates . . . a protected liberty interest in remaining free from that restraint.” Puranda, 2009 WL 3175629 , at *4 (omission in original) (quoting Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000)).
discussed Cited as authority (rule) White v. Mayfield
E.D. Va. · 2021 · confidence medium
If the nature of the restraint that the plaintiff challenges meets either prong of this threshold, the plaintiff must next show that Virginia’s statutory or regulatory language “grants its inmates . . . a protected liberty interest in remaining free from that restraint.” Puranda, 2009 WL 3175629 , at *4 (alteration in original) (quoting Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000)).
discussed Cited as authority (rule) Blount v. Rastani
S.D.N.Y. · 2021 · confidence medium
See Moody v. Daggett, 429 U.S. 78 , 88 n.9 (1976) (federal prisoners have no right to due process protections regarding “eligibility for rehabilitative programs”); Williams v. Carpenter, 214 F. Supp. 3d 197, 201 (W.D.N.Y. 2016) (no liberty interest in participating in a 45-day parole diversion program); Fifield v. Eaton, 669 F. Supp. 2d 294, 297 (W.D.N.Y. 2009) (same, with respect to rehabilitative programs) (citing Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir. 2000)).
discussed Cited as authority (rule) Harris v. Lotte
E.D. Va. · 2021 · confidence medium
If the nature of the restraint the plaintiff challenges meets either prong of this threshold, the plaintiff must next show that Virginia’s statutory or regulatory language “grants its inmates . . . a protected liberty interest in remaining free from that restraint.” Puranda, 2009 WL 3175629 , at *4 (alteration in original) (quoting Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000)).
discussed Cited as authority (rule) Farthing v. Godfrey
E.D. Va. · 2021 · confidence medium
If the nature of the restraint the plaintiff challenges meets either prong of this threshold, the plaintiff must next show that Virginia’s statutory or regulatory language “grants its inmates . . . a protected liberty interest in remaining free from that restraint.” Puranda, 2009 WL 3175629 , at *4 (alteration in original) (quoting Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000)).
cited Cited as authority (rule) Vicars v. Clarke
W.D. Va. · 2021 · confidence medium
LEXIS 93226 , at *11, 2009 WL 3175629 , at *4 (alteration in original) (quoting Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir. 2000)).
discussed Cited as authority (rule) Aguirre v. Ducart
N.D. Cal. · 2021 · confidence medium
See 3 Luken v. Scott, 71 F.3d 192, 193 (5th Cir. 1995) (holding that validated member of the Aryan 4 Brotherhood confined to disciplinary segregation had no liberty interest in ability to earn future 5 good-time credits); Abed v. Armstrong, 209 F.3d 63, 65-66 (2nd Cir. 2000) (where state prison 6 directive prohibited validated gang members from earning good time credits, inmate found to be a 7 gang member and classified as “Security Risk Group Safety Threat Member” had no liberty 8 interest in expectation of earning future credits); Ashby v. Lehman, 307 F. App’x. 48, 49 (9th Cir. 9 Jan 6…
cited Cited as authority (rule) Hill v. LaClair
N.D.N.Y. · 2020 · confidence medium
App'x 53, 55-56 (2d Cir. 2017) (citing Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir. 2000)); see also Edwards v. Ladlair, No. 07-CV-0059, 2008 WL 3156214 , at *4 (N.D.N.Y.
discussed Cited as authority (rule) Schoff v. Maine Dept. of Corrections
Me. Super. Ct · 2015 · confidence medium
"Although inmates · have a liberty interest in good time credit they have already earned, no such interest has been recognized in the opportunity to earn good time credit where, as here, prison officials have discretion to determine whether an inmate or class of inmates is eligible to earn good time credit." Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. Conn. 2000)(citing Wol.ffv.
discussed Cited as authority (rule) Manuel Nevarez v. Ron Barnes
9th Cir. · 2014 · confidence medium
See also Kansas v. Hendricks, 521 U.S. 346, 370-71 , 117 S.Ct. 2072 , 138 L.Ed.2d 501 (1997) (law that “permit[ted] involuntary confinement based upon a determination that the person currently both suffers from a ‘mental abnormality or ‘personality disorder’ and is likely to pose a future danger to the public” did “not have retroactive effect” and thus did “not raise ex post facto concerns”); Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir.2000) (distinguishing Lynce and Weaver to find that the ex post facto rights of petitioner were not implicated by a directive that prospectivel…
discussed Cited as authority (rule) Fifield v. Eaton
W.D.N.Y. · 2009 · confidence medium
Law § 803 (outlining New York’s discretionary good time credit program); Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir.2000) (where good time credit is a discretionary matter, inmate has no liberty interest in the opportunity to earn good time credit); Johnson v. Baker, 108 F.3d 10, 11 (2d Cir.1997) (inmate who was removed from a Sex Offender Program and denied admission to a family visitation program because he refused to admit to the conduct of which he was convicted has “no basis for [an] equal protection claim,” even where his refusal was made in order to preserve his then-pending appe…
cited Cited as authority (rule) Ramsey v. Goord
W.D.N.Y. · 2009 · confidence medium
Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir.2000) (“inmates have a liberty interest in good time credit they have already earned” (citing Wolff, 418 U.S. at 556-58 , 94 S.Ct. 2963 )).
discussed Cited as authority (rule) Seymour v. Colebank
Ky. Ct. App. · 2005 · confidence medium
Martin v. Chandler, 122 S.W.3d 540, 542 (Ky.2003); see also Fowler v. Black, 364 S.W.2d 164, 164-65 (Ky.1963); Anderson v. Parker, 964 S.W.2d 809, 810 (Ky.App.1997). 2 Moreover, our courts have made clear that the “loss of the mere opportunity to earn good-time credit does not constitute a cognizable liberty interest.” Marksberry v. Chandler, 126 S.W.3d 747, 753 (Ky.App.2003), citing Luken v. Scott, 71 F.3d 192, 193 (5th Cir.1995); Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir.2000).
cited Cited as authority (rule) Bodie v. Morgenthau
S.D.N.Y. · 2004 · confidence medium
Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir.2000).
cited Cited as authority (rule) Marksberry v. Chandler
Ky. Ct. App. · 2004 · confidence medium
See Luken v. Scott, 71 F.3d 192, 193 (5th Cir.1995); and Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir.2000). 29 .
discussed Cited as authority (rule) People v. Sorbello
N.Y. App. Div. · 2001 · confidence medium
CPL § 240.75 is a procedural, as opposed to a substantive criminal statute, and ‘the Ex Post Facto Clause of the Constitution applies only to penal statutes which disadvantage the offender affected by them’” (Abed v Armstrong, 209 F3d 63, 66 [2d Cir], cert denied 531 US 897 ). 3 A finding that the statute is procedural, however, does not necessarily establish its application to cases already pending.
discussed Cited "see" Marcus v. Annucci
S.D.N.Y. · 2023 · signal: see · confidence high
See Abed v. Armstrong, 209 F. 3d 63, 66-67 (2d Cir. 2000) (“Although inmates have a liberty interest in good time credit they have already earned, no such interest has been recognized in the opportunity to earn good time credit where . . . prison officials have discretion to determine whether an inmate or class of inmates is eligible to earn good time credit”).
discussed Cited "see" (PC) Ripple v. CDCR
E.D. Cal. · 2023 · signal: see · confidence high
See Abed 28 1 v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. 2000) (although inmates have a liberty interest in good 2 time credit they have already earned, no such interest has been recognized in the opportunity to 3 earn good time credit where prison officials have discretion to determine whether an inmate or 4 class of inmates is eligible to earn good time credit); Antonelli v. Sheahan, 81 F.3d 1422 , 1431 5 (7th Cir. 1996) (convicted prisoner with no access to good time credit program because he was 6 incarcerated in county jail had no constitutional interest in the opportunity to earn good tim…
discussed Cited "see" (PC) Maraglino v. State of California
E.D. Cal. · 2020 · signal: see · confidence high
See Abed v. Armstrong, 209 F.3d 63 , 66–67 7 (2d Cir. 2000); Antonelli v. Sheahan, 81 F.3d 1422, 1431 (7th Cir. 1996); Luken v. Scott, 71 F.3d 192 , 8 193 (5th Cir. 1995); Conlogue v. Shinbaum, 949 F.2d 378, 380 (11th Cir. 1991). 9 In addition, there is no fundamental right in placement in a single or two-person prison cell.
discussed Cited "see" Whistnant v. Commissioner of Correction
Conn. App. Ct. · 2020 · signal: see · confidence high
See Abed v. Armstrong, 209 F.3d 63 , 66–67 (2d Cir. 2000) (inmates have liberty interest in good time credit they have already earned, but no liberty interest in opportunity to earn credit under discretion- ary scheme).’’ Perez v. Commissioner of Correction, supra, 326 Conn. 369 n.5.
discussed Cited "see" (PC) Maraglino v. State of California
E.D. Cal. · 2020 · signal: see · confidence high
See Abed v. Armstrong, 209 F.3d 63 , 66–67 1 (2d Cir. 2000); Antonelli v. Sheahan, 81 F.3d 1422, 1431 (7th Cir. 1996); Luken v. Scott, 71 F.3d 192 , 2 193 (5th Cir. 1995); Conlogue v. Shinbaum, 949 F.2d 378 , 380 (11th Cir. 1991). 3 In addition, there is no fundamental right in placement in a single or two-person prison cell.
discussed Cited "see" Perez v. Commissioner of Correction
Conn. · 2017 · signal: see · confidence high
See Abed v. Armstrong , 209 F.3d 63 , 66-67 (2d Cir. 2000) (inmates have liberty interest in good time credit they have already earned, but no liberty interest in opportunity to earn credit under discretionary scheme).
cited Cited "see" Hirsch v. Pernat
2d Cir. · 2017 · signal: see · confidence high
See Abed v. Armstrong, 209 F.3d 63, 67 (2d Cir. 2000).
cited Cited "see" Sotherland v. Myers
6th Cir. · 2002 · signal: see · confidence high
See Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir.2000).
discussed Cited "see" Conway v. Gorczyk
Vt. · 2000 · signal: see · confidence high
See Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir. 2000) (“Although inmates have a liberty interest in good time credit they have already earned, no such interest has been recognized in the opportunity to earn good time credit where, as here, prison officials have discretion to determine whether an inmate or class of inmates is eligible to earn good time credit.”) (citation omitted); Anderson v. Colorado Dep’t of Corrections, No. 98-1477, 1999 WL 387163 , at *1 (10th Cir. June 14, 1999) (“[Bjecause neither the loss of a prison job nor the loss of an opportunity to earn good time credit…
cited Cited "see, e.g." Hurd v. City of New York
E.D.N.Y · 2019 · signal: see also · confidence low
Sept. 14, 2016) (citing Greenholtz, 442 U.S. at 7 ); see also Abed v. Armstrong, 209 F.3d 63 , 66–67 (2d Cir. 2000).
discussed Cited "see, e.g." Linton v. O'Brien
D. Mass. · 2015 · signal: see also · confidence medium
See Childers v. Maloney, 247 F.Supp.2d 32, 36 (D.Mass.2003) (finding no liberty interest where “the Defendants have not revoked any credits ... rather, as a result of the proceeding, [plaintiff] is no longer eligible to earn those credits.”); see also Abed v. Armstrong, 209 F.3d 63, 66-67 (2d Cir.2000) (“Although inmates have a liberty interest in good'time credit they have already earned, no such interest has been recognized in the opportunity to earn good time credit where, as here, prison officials have "discretion to determine whether an inmate or class of inmates is eligible to earn…
discussed Cited "see, e.g." Brian K. Ellis v. Larry Norris
8th Cir. · 2000 · signal: see also · confidence medium
This demonstrates that, at best, the effect of the repeal created "only the most speculative and attenuated possibility of producing the prohibited effect of increasing the measure of punishment for covered crimes, and such conjectural effects are insufficient under any threshold we might establish under the Ex Post Facto Clause." Morales, 514 U.S. at 509 ; see also Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir.) (finding no ex post facto violation because "[u]nlike the statutes at issue in both Weaver and Lynce, [this statute] does not automatically confer the right to earn good time credit on a…
discussed Cited "see, e.g." Brian K. Ellis v. Larry Norris, Director, Arkansas Department of Correction
8th Cir. · 2000 · signal: see also · confidence medium
This demonstrates that, at best, the effect of the repeal created “only the most speculative and attenuated possibility of producing the prohibited effect of increasing the measure of punishment for covered crimes, and such conjectural effects are insufficient under any threshold we might establish under the Ex Post Facto Clause.” Morales, 514 U.S. at 509 , 115 S.Ct. 1597 ; see also Abed v. Armstrong, 209 F.3d 63, 66 (2d Cir.) (finding no ex post facto violation because “[ujnlike the statutes at issue in both Weaver and Lynce , [this statute] does not automatically confer the right to ea…
Retrieving the full opinion text from the archive…
Ralph ABED, Petitioner-Appellant,
v.
John J. ARMSTRONG, Commissioner, Department of Corrections, State of Connecticut, Respondent-Appellee
1999.
Court of Appeals for the Second Circuit.
Apr 3, 2000.
209 F.3d 63
William Emmett Dwyer, Connecticut Legal Rights Project, Waterbury, Connecticut, for Petitioner-Appellant., Gregory T. D’Auria, Assistant Attorney General (Richard Blumenthal, Attorney General, Steven R. Strom, Assistant Attorney General, of counsel), Hartford, Connecticut, for Respondent-Appellee.
Winter, Parker, Sotomayor.
Cited by 50 opinions  |  Published
WINTER, Chief Judge:

Ralph Abed appeals from Magistrate Judge Martinez’s adverse grant of summary judgment dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He contends that an administrative directive adopted by appellee violates the Ex Post Facto Clause of the U.S. Constitution. He also contends that a Connecticut statute, pursuant to which appellee may award good time credit to inmates on certain conditions, creates a constitutionally cognizable liberty interest sufficient to trigger the protection of the Due Process Clause. For the reasons set forth below, we disagree and affirm.

Appellant was sentenced in Connecticut state court to a ten-year term of incarceration on September 8, 1993. At that time, Connecticut General Statutes § 18-7a(c) provided that an inmate “may” earn a ten-day per month reduction of his sentence—[*65] also known as “good time credit” — “by good conduct and obedience to the rules which have been established for the service of his sentence.” Conn. Gen.Stat. § 18-7a(c) (1998).

Three months after appellant was sentenced, on December 10, 1993, appellee issued Administrative Directive 6.14 (the “Directive”). It was intended to regulate and classify inmates who were prison gang members and who, as a result, posed “a threat to the safety of staff, the facility, inmates or the community or the order of the department.” Pursuant to the Directive, any prisoner classified as a Security Risk Group Safety Threat Member (“SRGSTM”) is not entitled to earn good time credit under § 18-7a(c).

The Directive required that an inmate be given notice and an opportunity to be heard prior to being classified as a SRGSTM and that an “inmate designated as a [SRGSTM] may appeal the designation in writing to the Commissioner (or designee).” The Directive also required that the director of security “review any inmate’s designation as a [SRGSTM] as new information requires, or at least every six (6) months, to determine whether the inmate should remain in this status.” ' In addition, the Directive states that an “inmate may request reconsideration, in writing to the Commissioner, whenever circumstances have changed enough to merit review.”

Following a hearing conducted on January 24, 1994, appellant was classified as a SRGSTM. He remained classified as such until June 27, 1997. Thus, for a period of approximately forty months, appellant was not entitled to earn good time credit. Appellant unsuccessfully petitioned Connecticut’s state courts for a writ of habeas corpus challenging appellee’s prospective denial of good time credit during the above period as a violation of the Ex Post Facto Clause and his due process rights. See Abed v. Commissioner of Correction, 43 Conn.App. 176, 682 A.2d 658, certification for appeal denied, 239 Conn. 937, 684 A.2d 707 (1996).

After certification for appeal to Connecticut’s Supreme Court was denied, appellant filed the present'petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court granted summary judgment against appellant and dismissed the petition. Although the district court held that the Directive did not violate the Ex Post Facto Clause or Due Process Clause, it acknowledged that the issues raised by appellant are “debatable among jurists of reason” and therefore granted a certificate of appealability. This appeal followed.

Appellant argues that the Directive effectively lengthened his sentence and therefore violates the Ex Post Facto Clause. He further claims that Connecticut’s good time credit statute creates a liberty interest in darning good time credit of which he was deprived without due process. He seeks as relief a 400-day reduction of his sentence based upon the good time credit that he would otherwise have been eligible to earn while he was classified as a SRGSTM. We address each issue in turn.

Article I, Section 10 of the U.S. Constitution provides that “[n]o State shall ... pass any ... ex post facto Law.” This prohibition rests “upon the notion that laws, whatever their form, which purport to make innocent acts criminal after the event, or to aggravate an offense, are harsh and oppressive.” Lynce v. Mathis, 519 U.S. 433, 440, 117 S.Ct. 891, 137 L.Ed.2d 63 (1997) (quoting Beazell v. Ohio, 269 U.S. 167, 170, 46 S.Ct. 68, 70 L.Ed. 216 (1925)). Most issues concerning the Ex Post Facto Clause involve claims, as here, that a law has inflicted “a greater punishment, than the law annexed to the crime, when committed.” Id. at 441, 117 S.Ct. 891 (quoting Colder v. Bull, 3 U.S. (3 Dali.) 386, 390, 1 L.Ed. 648 (1798)). Such laws implicate ex post facto concerns because of “the lack of fair notice and governmental restraint when the legislature increases[*66] punishment beyond what was prescribed when the crime was consummated.” Id. (quoting Weaver v. Graham, 450 U.S. 24, 30, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981)).

“Although the ‘presumption against retroactive legislation is deeply rooted in our jurisprudence,’ the Ex Post Facto Clause of the Constitution ‘applies only to penal statutes which disadvantage the offender affected by them.’ ” Doe v. Pataki, 120 F.3d 1263, 1272 (2d Cir.1997) (quoting respectively Landgraf v. USI Film Prods., 511 U.S. 244, 265, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994); Collins v. Youngblood, 497 U.S. 37, 41, 110 S.Ct. 2715, 111 L.Ed.2d 30 (1990)). To violate the Ex Post Facto Clause, therefore, “a law must be retrospective — that is, ‘it must apply to events occurring before its enactment’— and it ‘must disadvantage the offender affected by it,’ by altering the definition of criminal conduct or increasing the punishment for the crime.”' Lynce, 519 U.S. at 441, 117 S.Ct. 891 (quoting respectively Weaver, 450 U.S. at 29, 101 S.Ct. 960; Collins, 497 U.S. at 50, 110 S.Ct. 2715).

Appellant’s ex post facto claim fails for several reasons. His argument that the Directive increased his punishment by restricting his eligibility to earn good time credit assumes that before the Directive Section 18-7a(c) automatically entitled all inmates to be eligible to earn good time credit. That assumption is erroneous. Unlike the statutes at issue in both Weaver and Lynce, Section 18-7a(c) does not automatically confer the right to earn good time credit on all inmates. Rather, the statute states only that inmates “may” earn good time credit, Conn. Gen.Stat. § 18-7a(e) (1993), thereby rendering good time credit a discretionary matter. See Beasley v. Commissioner of Correction, 50 Conn.App. 421, 433, 718 A.2d 487 (1998), aff'd, 249 Conn. 499, 502, 733 A.2d 833 (1999) (expressly adopting the appellate court’s holding and analysis).

In addition, and again unlike Lynce and Weaver, the Directive was not applied retroactively to appellant. No good time credit earned by appellant prior to the Directive was forfeited, and appellant was not classified as a SRGSTM until after the Directive was in effect. By its terms, the Directive concerned ongoing and future— not past — conduct.

Appellant’s reliance on Nichols v. Warren, 209 Conn. 191, 550 A.2d 309 (1988), is misplaced. In Nichols, the Connecticut Supreme Court held that “[prospective forfeiture of unearned good time credit is not permitted under” Section 18-7a(c). 209 Conn, at 204, 550 A.2d 309. The holding in Nichols, however, addressed inmates who are eligible to earn good time credit according to prison rules. It thus does not apply to inmates like appellant, who are ineligible for that benefit. See Beasley, 50 Conn.App. at 434 n. 9, 718 A.2d 487 (citing Abed, 43 Conn.App. at 180, 682 A.2d 558). We therefore affirm the district court’s dismissal of appellant’s ex post facto claim. Cf. Hallmark v. Johnson, 118 F.3d 1073, 1078-79 (5th Cir.1997) (rejecting similar ex post facto claim).

We also affirm the dismissal of appellant’s due process claim. Appellant contends that he was denied due process because appellee was obliged to provide him with a monthly hearing before denying him eligibility to earn monthly good time credit. To prevail on his due process claim, appellant must establish: (i) that the restraint about which he complains imposes an “atypical and significant hardship on [him] in relation to the ordinary incidents of prison life,” Sandin v. Conner, 515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995); and (ii) that the state grants its inmates, by regulation or statute, a protected liberty interest in remaining free from that restraint. See Frazier v. Coughlin, 81 F.3d 313, 317 (2d Cir.1996). Even assuming that appellant’s ineligibility to earn good time credit imposes an atypical and significant hardship on him, which is doubtful, his claim still fails.

Although inmates have a liberty interest in good time credit they have al[*67] ready earned, see Wolff v. McDonnell, 418 U.S. 539, 556-58, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), no such interest has been recognized in the opportunity to earn good time credit where, as here, prison officials have discretion to determine whether an inmate or class of inmates is eligible to earn good time credit. See Antonelli v. Sheahan, 81 F.3d 1422, 1431 (7th Cir.1996) (holding that convicted prisoner with no access to good time credit program because he was incarcerated in county jail had no constitutional interest in the opportunity to earn good time credit); Luken v. Scott, 71 F.3d 192, 193 (5th Cir.1995) (holding that inmate has no liberty interest in opportunity to earn good time credit); Gonlogue v. Shinbaum, 949 F.2d 378, 380 (11th Cir.1991) (noting that “[w]hen [a] statute is framed in discretionary terms there is not a liberty interest created” (internal quotations omitted)); Abed, 43 Conn.App. at 180-81, 682 A.2d 558 (rejecting appellant’s claim that he has cognizable liberty interest in being eligible to earn good time credit).

Appellant’s due process claim therefore fails because of the absence of a cognizable liberty interest. See Greenholtz v. Inmates of Neb. Penal & Correctional Complex, 442 U.S. 1, 11, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979) (noting that statute providing “no more than a mere hope that the benefit will be obtained ... is not protected by due process”); Pilguese v. Nelson, 617 F.2d 916, 921-22 (2d Cir.1980) (“reject[ing] at the outset the notion that any grievous loss visited upon a person by the State is sufficient to invoke the procedural protections of the Due Process Clause”). [1]

We therefore affirm.

1

. Although appellant does not challenge his classification as a SRGSTM, we note that a hearing was held before appellant was classified as a SRGSTM; his status was reviewed every six months; and he had the right to request a reconsideration of his status at any time in writing. There is nothing in the record to suggest that appellant ever requested reconsideration of his status or that appellee failed to review the status every six months as required. See Benitez v. Wolff, 985 F.2d 662, 665 (2d Cir.1993) (“When an inmate is charged with a rules violation that could lead to the loss of good-time credits ..., at least the 'minimum requirements of procedural due process appropriate for the circumstances must be observed.’ " (quoting Wolff, 418 U.S. at 558, 94 S.Ct. 2963)). Appellant therefore received all of the process he was due before being classified as a SRGSTM and thereby becoming ineligible to earn good time credits.