Opinion
No. 74302
08-14-2018
RICHARD MYLES, Appellant, v. JAMES DZURENDA, DIRECTOR; AND THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Respondents.
ORDER OF AFFIRMANCE
Richard Myles appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on September 16, 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 petition, Myles claimed the Nevada Department of Corrections (NDOC) improperly declined to apply his statutory credits toward his minimum term. The district court denied the petition because Myles' petition was moot. Myles received a parole hearing in 2016, and the only remedy for the failure to apply credits toward parole eligibility was an expedited parole hearing. See NRS 213.10705; Williams v. State Department of Corrections, 133 Nev. ___ n.7, 402 P.3d 1260, 1265 n.7 (2017). Substantial evidence supports the decision of the district court, and we conclude the district court did not err by denying this claim.
Myles also claimed NDOC improperly declined to award him credits for work and/or study. He concedes he did not work or study. However, he contends he should have been awarded credits because he was willing and able to work or study, but NDOC did not have opportunities for him to work or study. Myles' claim lacked merit because NRS 209.4465(2) requires prisoners to actually work or study to earn the credits.
Having found Myles is not entitled to relief, 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
Richard Myles
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk