Opinion
No. 72132
10-11-2017
MARK W. MANIBUSAN, Appellant, v. WILLIAM SANDIE, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Mark W. Manibusan appeals from an order of the district court dismissing the postconviction petition for a writ of habeas corpus he filed on June 21, 2016. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, 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 petition, Manibusan claimed the Nevada Department of Corrections was not applying the statutory, work, educational, and meritorious credits he had earned toward his minimum sentence pursuant to 1997 Nev. Stat., ch. 641, § 4, at 3175 (former NRS 209.4465). The district court found Manibusan's claim was moot because he had already appeared before the Nevada Board of Parole Commissioners.
Even if Manibusan was entitled to credit toward his minimum sentence under 1997 Nev. Stat., ch. 641, § 4, at 3175, his only remedy is the application of that credit toward a parole-eligibility determination. Because Manibusan has already appeared before the Nevada Board of Parole Commissioners, the district court did not err in concluding his petition was moot. See NRS 213.10705; Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989) (holding no statutory authority or case law permits a retroactive grant of parole). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Jim C. Shirley, District Judge
Mark W. Manibusan
Attorney General/Carson City
Pershing County Clerk