Opinion
No. 57283.
09-14-2011
Steven M. BRIDGES, Jr., Appellant, v. Brian WILLIAMS; State of Nevada; and Howard Skolnick, Director, Respondents.
Steven M. Bridges, Jr. Attorney General/Carson City Clark County District Attorney Attorney General/Las Vegas
Steven M. Bridges, Jr.
Attorney General/Carson City
Clark County District Attorney
Attorney General/Las Vegas
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 . 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
Having reviewed the record on appeal, we conclude that substantial evidence supports the decision of the district court to deny relief and that the district court did not err as a matter of law. Riley v. State, 110 Nev. 638, 647, 878 P.2d 272, 278 (1994). We therefore affirm the denial of the petition for the reasons stated in the attached district court order. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
FFCO
CATHERINE CORTEZ MASTO
Attorney General
THOM GOVER
Senior Deputy Attorney General
Nevada Bar No. 5648
Office of the Attorney General
555 E, Washington Ave., Ste. 3900
Las Vegas, Nevada 89101–1068
P: (702) 486–3120
F: (702) 486–2377
TGover@ag.nv.gov
Attorneys for Respondents
DISTRICT COURT
CLARK COUNTY, NEVADA
STEVEN M. BRIDGES, Petitioner,
v.
BRIAN E. WILLIAMS, et al., Respondents.
Case No.: A–10–608440–W
Dept. No.: IV
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
The above-entitied Court, conducted a hearing in chambers on the proper person Petition for a Writ of Habeas Corpus filed by STEVEN M. BRIDGES (“Bridges”) and hereby issues this Order finally disposing of said petition pursuant to NRS 34.830. Bridges, an inmate in the custody of the Nevada Department of Corrections (“NDOC”) housed at the Southern Desert Correctional Center, was not required to appear in support of his petition. Upon reviewing the Petition, the Respondents' Answer, Petitioner's Reply, and the pleadings and papers on file herein, the Court makes the follow findings of fact and conclusions of law:
FINDINGS OF FACT
1. Bridges is currently serving a 60 to 150 month term of incarceration with the Nevada Department of Corrections for a conviction in District Court, Clark County, Case Number C228430.
2. On January 21, 2010, Bridges filed a petition for writ of habeas corpus claiming he was not being properly credited for the completion of certain courses or programs while incarcerated.
3. As evidenced by the Nevada Department of Corrections Form 3077 Nomination for Meritorious Service Credits and Credit History by Sentence report, Bridges has completed and received credit for the following courses:
A. Clark County Adult High School Diploma (April 16, 2009) 90 credits;
B. NDOC Correctional Programs—Fitness and Wellness (June 9, 2009) 30 credits;
C. NDOC Correctional Programs—Victim Empathy (August 20, 2009) 15 credits;
D. NDOC Correctional Programs—Addiction Prevention Education (December 4, 2008) 60 credits;
E. CCSD Certificate of Completion—82901 Computer Apps I (February 3, 3009) 0 credits; and
F. CCSD Certificates of Merit—Social Living and Psychology I–0 credits.
4. Bridges argues that for these courses he has only received discretionary meritorious credits pursuant to NRS 209.449(2). Believing he has only received discretionary credit, he applied to this Court to order application of mandatory credit pursuant to NRS 209,449(1) in the total amount of 300 credits.
5. Pursuant to his discretion to award credit for “exceptional meritorious service,” the Director of the Nevada Department of Corrections has determined that inmates who successfully complete the above programs will be awarded credits in the above amounts pursuant to NRS 209.4465(2)(b), 209.4465(5), and 209.448.
CONCLUSIONS OF LAW
1. Bridges' reliance on NRS 209.449 is misplaced.
2. The NDOC Correctional Programs are governed by NRS 209.4485(5), with credit levels being set by the Director pursuant to administrative regulation.
3. NRS 209.4465(5) states: “The Director may allow not more than 90 days of credit each year for an offender who engages in exceptional meritorious service.”
4. The director's authority should be broadly interpreted to permit NDOC to offer credit for rehabilitative correctional programming.
5. There exists no authority in Nevada law or NDOC regulations to allow the NDOC to grant double credit for programs completed and credited pursuant to NRS 209.4485(5).
6. Credit awarded pursuant to NRS 209.4465(5) is subject to the discretion of the director. Because Nevada's credit statutes vest discretion in prison officials, “they create no due process liberty interest.” Clyde v. Hargrave, 770 F.Supp. 553, 557 (D.Nev.1991).
7. Credit for educational achievement is awarded pursuant to NRS 209.4465(2)(b)., and Bridges has received all credits entitled for the receipt of his Clark County Adult High School Diploma.
8. Credit for the successful completion of a program of treatment for the abuse of alcohol or drugs is awarded pursuant to NRS 209.448 and Bridges has received all credits. entitled for the successful completion of Addiction Prevention Education.
9. As currently alleged, Bridges is not entitled to any credit for his completion of Computer Apps I and Social Living and Psychology I.
10. Bridges has received all the credit to which he is entitled.
IT IS HEREBY ORDERED, based upon the above findings of fact and conclusions of law, that the claims raised in Bridges' Petition are without merit and said petition is therefore DENIED.
DATED this _____ day of November, 2010.
KATHY HARDCASTLE
District Court Judge
Respectfully submitted by:
CATHERINE CORTEZ MASTO
Attorney General
By: .........................
THOM GOVER
Senior Deputy Attorney General
DISTRICT COURT
CLARK COUNTY, NEVADA
STEVEN BRIDGES, Petitioner,
vs.
THE STATE OF NEVADA, Respondent,
Case No: 10A608440
Dept No: IV
NOTICE OF ENTRY OF DECISION AND ORDER
PLEASE TAKE NOTICE that on November 18, 2010, the court entered a decision or order in this matter a true and correct copy of which is attached to this notice.
You may appeal to the Supreme Court from the decision or order of this court. If you wish to appeal, you must file a notice of appeal with the clerk of this court within thirty-three (33) days after the date this notice is mailed to you. This notice was mailed on December 3, 2010.
STEVEN D. GRIERSON, CLERK OF THE COURT
By: ____________________
Heather Ungermann, Deputy Clerk
CERTIFICATE OF MAILING
I hereby certify that on this 3 day of December 2010, I placed a copy of this Notice of Entry of Decision and Order in:
The bin(s) located in the Office of the District Court Clerk of:
Clark County District Attorney's Office
Attorney General's Office—Appellate Division
? The United States mail addressed as follows:
Steven Bridges # 77853
P.O. Box 208
Indian Springs, NV 89070
Heather Ungermann, Deputy Clerk
Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).