Opinion
No. 75704-COA
03-14-2019
DUSTIN WILLIAM ELLIS, Appellant, v. PERRY RUSSELL, WARDEN, WSCC, Respondent.
ORDER OF AFFIRMANCE
Dustin William Ellis appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 27, 2018. First Judicial District Court, Carson City; James Todd Russell, 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).
Ellis claimed the Nevada Department of Corrections erroneously failed to apply statutory credits to his parole eligibility for sentences imposed as a result of his convictions in district court case numbers CR13-1819 and CR14-0145. The district court concluded Ellis' claim regarding CR13-1819 was moot because he had already had a parole hearing in that case and his claim regarding CR14-0145 was not yet ripe because Ellis had not yet begun serving that sentence. The district court's findings are supported by substantial evidence in the record. We therefore conclude the district court did not err by denying Ellis' petition. See Cote H. v. Eighth Judicial Dist. Court, 124 Nev. 36, 38 n.1, 175 P.3d 906, 907 n.1 (2008) (holding a case is not ripe for review when the harm alleged is remote or hypothetical); Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989) (noting that no statutory authority or case law permits a retroactive grant of parole); cf. Johnson v. Dir., Nev. Dep't. of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989) (holding that questions about computation of an expiration date of a sentence are rendered moot when the sentence is expired). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We conclude the district court did not abuse its discretion by declining to appoint postconviction counsel. See NRS 34.750(1); Renteria-Novoa v. State, 133 Nev. 75, 76, 391 P.3d 760, 760-61 (2017).
/s/_________, J.
Tao /s/_________, J.
Gibbons /s/_________, J.
Bulla cc: Hon. James Todd Russell, District Judge
Dustin William Ellis
Attorney General/Carson City
Carson City Clerk