Opinion
No. 73717
06-29-2018
ANTHONY E. WIDE, JR., Appellant, v. OFFENDER MANAGEMENT DIVISION STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Anthony E. Wide, Jr., appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on November 15, 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).
Wide first claimed the Nevada Department of Corrections (NDOC) failed to give him 424 days of statutory good-time credits to which he was entitled. The district court's finding that he has received all of those credits is supported by the record. We therefore conclude the district court did not err by denying this claim.
Wide next claimed the NDOC failed to give him work credits for the period beginning May 31, 2014, up until he filed his petition. NRS 209.4465(2) requires prisoners to actually work to earn the credits. Wide did not allege he actually worked during that timeframe. He thus failed to state specific facts that, if true, would have entitled him to relief. We therefore conclude the district court did not err by denying that claim. See Hargrove v. State, 100 Nev. 498, 502, 686 P.2d 222, 225 (1984). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents Wide has filed in this matter, and we conclude no relief based upon those submissions is warranted. To the extent Wide attempts to present claims or facts in those submissions that were not previously presented in the proceedings below, we decline to consider them in the first instance. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Anthony E. Wide, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk