Opinion
No. 77409-COA
07-18-2019
DAMON T. POWELL, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Damon T. Powell appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on March 8, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief 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). --------
Powell claimed the Nevada Department of Corrections was not applying the statutory credits he earned to his minimum sentence as required by NRS 209.4465. However, the district court found that Powell had appeared before the Nevada Board of Parole Commissioners, he had been granted discretionary parole on his sentence, and consequently his claim was moot.
The record supports the district court's factual findings. Because a parole hearing would be the only relief available and no statutory authority or case law permits a retroactive grant of parole, see Williams v. State Dep't of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017), we conclude the district court did not err by determining Powell's claim was moot, see Johnson v. Dir., Nev. Dep't of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Damon T. Powell
Attorney General/Las Vegas
Eighth District Court Clerk