Opinion
No. 57857.
06-08-2011
Christopher N. WENTZELL, Appellant, v. Don HELLING, Respondent.
Christopher N. Wentzell Attorney General/Las Vegas
Christopher N. Wentzell
Attorney General/Las Vegas
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court dismissing a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathy A. Hardcastle, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his petition filed on April 27, 2010, appellant challenged his placement in disciplinary segregation and his lack of ability to earn full statutory credits as a result of his disciplinary hearing. Appellant's claims were not cognizable in a petition for a writ of habeas corpus filed in state court because these claims challenged the conditions of confinement. Bowen v. Warden, 100 Nev. 489, 686 P.2d 250 (1984). Accordingly, we
The record does not reveal the loss of any credits. Because appellant had no right to employment while at prison, appellant cannot demonstrate the violation of any protected right for the failure to earn statutory work credits. NRS 209.4465(2) ; NRS 209.459 ; NRS 209.461(1), (6) ; Williams v. Sumner, 648 F.Supp. 510, 512 (D.Nev.1986) (recognizing that a prisoner has no independent constitutional right to employment and that the Nevada statutes do not mandate employment opportunities). As appellant was not on parole when he filed his petition, any claims challenging the computation of credits earned while on parole were not ripe for review.
ORDER the judgment of the district court AFFIRMED.