Opinion
No. 71122
04-19-2017
ENRIGUE MANUEL LAGUNAS, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Appellant Enrigue Manuel Lagunas appeals from a district court order denying the postconviction petition for a writ of habeas corpus he filed on May 2, 2016. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Lagunas claims the district court erred in denying his petition because (1) the Nevada Department of Corrections' (NDOC) calculation of his sentence credits violated his Eighth and Fourteenth Amendment rights and (2) NDOC is requiring him to work in order to earn work-time credits, which he asserts violates the Americans with Disabilities Act (ADA).
The district court denied Lagunas' habeas petition after finding he received all the good-time credit he was entitled to, he had not demonstrated he was entitled to additional work-time credit, and he had not demonstrated he was entitled to additional meritorious credit. The district court's findings are supported by the record on appeal.
We conclude Lagunas has not demonstrated NDOC improperly calculated his good-time credit, Lagunas does not have a constitutionally protected liberty interest in earning work-time credit, and Lagunas' claim that NDOC violated a right protected by the ADA is not properly raised in a petition for a writ of habeas corpus. See NRS 34.724(1); NRS 209.4465(1), (2); NRS 209.461(8); Cooper v. Sumner, 672 F.Supp. 1361, 1367 ((D. Nev. 1987). Accordingly, we
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
Enrigue Manuel Lagunas
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk