Opinion
No. 74331
06-13-2018
WILLIAM LEON KERR, Appellant, v. TIMOTHY FILSON, WARDEN, Respondent.
ORDER OF AFFIRMANCE
William Leon Kerr appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus challenging the computation of served, filed on May 19, 2017. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Kerr claimed the Nevada Department of Corrections erroneously failed to apply statutory credits to his parole eligibility for sentences he was serving as a result of his conviction in district court case number CR-FP-05-1342, Kerr has expired his sentences in this case. Because a parole hearing was the only relief available to him and no statutory authority or case law permits a retroactive grant of parole, see Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989), Kerr's claim is moot, see Johnson v. Dir., Nev. Dep't. of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). We therefore conclude the district court did not err by denying Kerr's claim, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Gary Fairman, District Judge
William Leon Kerr
Attorney General/Carson City
Attorney General/Ely
White Pine County Clerk