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Birch v. Baker

SUPREME COURT OF THE STATE OF NEVADA
May 13, 2014
No. 64960 (Nev. May. 13, 2014)

Opinion

No. 64960

05-13-2014

BRUCE BIRCH, Appellant, v. RENEE BAKER, WARDEN, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF AFFIRMANCE

This is a proper person appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Gary Fairman, 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 October 19, 2012, appellant claimed that the Nevada Department of Corrections (NDOC) improperly deducted 180 good-time credits as punishment for a disciplinary infraction. Appellant claimed the credit deduction was improper because appellant believed that he did not have 180 credits when he committed the disciplinary infraction. Appellant failed to demonstrate that his claim had merit. The documents submitted in this matter by the NDOC indicate that appellant had 400 credits when he committed the disciplinary infraction. As appellant had 400 credits when he committed the infraction, he failed to demonstrate that a deduction of 180 credits was improper. Therefore, the district court did not err in denying the petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

__________, J.

Hardesty

__________, J.

Douglas

__________, J.

Cherry
cc: Hon. Gary Fairman, District Judge

Bruce Birch

Attorney General/Carson City

White Pine County Clerk


Summaries of

Birch v. Baker

SUPREME COURT OF THE STATE OF NEVADA
May 13, 2014
No. 64960 (Nev. May. 13, 2014)
Case details for

Birch v. Baker

Case Details

Full title:BRUCE BIRCH, Appellant, v. RENEE BAKER, WARDEN, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: May 13, 2014

Citations

No. 64960 (Nev. May. 13, 2014)