Opinion
No. 74462
09-26-2018
EDDIE WINN, Appellant, v. ISIDRO BACA, WARDEN NNCC, Respondent.
ORDER OF AFFIRMANCE
Eddie Winn appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
In his July 6, 2017, petition, Winn claimed the Nevada Department of Corrections improperly refused to apply credits toward his parole eligibility date. The district court denied the petition as moot because the record demonstrated Winn already had received two parole hearings. The record before this court demonstrates Winn had parole hearings in 2015 and 2017. As a parole hearing would be the only relief available and no statutory authority or caselaw permits a retroactive grant of parole, see Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989), Winn's claim is moot. See Johnson v. Dir., Nev. Dep't of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Therefore, we conclude the district court did not err by dismissing the petition, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James Todd Russell, District Judge
Eddie Winn
Attorney General/Carson City
Carson City Clerk