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Winn v. Baca

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 26, 2018
No. 74462 (Nev. App. Sep. 26, 2018)

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


Summaries of

Winn v. Baca

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 26, 2018
No. 74462 (Nev. App. Sep. 26, 2018)
Case details for

Winn v. Baca

Case Details

Full title:EDDIE WINN, Appellant, v. ISIDRO BACA, WARDEN NNCC, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 26, 2018

Citations

No. 74462 (Nev. App. Sep. 26, 2018)