Opinion
No. 71137
06-14-2017
ANTWAINE BROWN, Appellant, v. BRIAN E. WILLIAMS, SR., WARDEN, Respondent.
ORDER OF AFFIRMANCE
Antwaine Brown appeals from an order of the district court denying the "Plaintiffs complaint and request court's 'order' to Nevada Department of Corrections (NDOC) and Warden Brian Williams Sr. to properly 'apply' lawful stat time under statutes and AB510 applications" he filed on May 4, 2016. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g).
In his complaint, Brown claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his minimum term. The district court concluded Brown was not entitled to relief because Brown is currently serving prison terms for burglary while in possession of a firearm and robbery with the use of a deadly weapon, both category B felonies, see NRS 193.165; NRS 200.380(2); 205.060(4), committed in 2008 and 2009, and for those reasons, the NDOC may only apply Brown's statutory credits toward his maximum term pursuant to NRS 209.4465(8). Given these circumstances, we conclude the district court did not err in denying this claim. Accordingly, we
We conclude the district court did not abuse its discretion by construing the complaint as a postconviction petition for a writ of habeas corpus. See NRS 34.720(2). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon, Linda Marie Bell, District Judge
Antwaine Brown
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk