Opinion
84322-COA
09-09-2022
ERICK MARQUIS BROWN, Appellant, v. WILLIAM HUTCHINGS, WARDEN, SOUTHERN DESERT CORRECTIONAL CENTER; AND THE STATE OF NEVADA, Respondents.
Erick Marquis Brown Attorney General/Carson City Clark County District Attorney
UNPUBLISHED OPINION
Erick Marquis Brown Attorney General/Carson City Clark County District Attorney
ORDER OF AFFIRMANCE
Gibbons, C.J.
This is an appeal from an order of the district court denying a "petition for writ of habeas corpus: due to the corona virus, global pandemic" filed on May 12, 2021. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
In his petition, Brown claimed he should be released from prison because the Nevada Department of Corrections has ignored federal and state mandates, it has disregarded his pre-existing conditions, the conditions in prison constitute cruel and unusual punishment, he was not given adequate treatment when he contracted COVID-19, the prison refuses to adequately feed him and provides only powdered milk, and the prison does not provide a sanitary kitchen.
Petitions for writs of habeas corpus are limited to claims inquiring about the cause for the confinement (in this case, a judgment of conviction), see NRS 34.360, challenging the judgment of conviction, see NRS 34.724(1), or challenging the computation of time served, see id. Brown's claims challenged the conditions of confinement, which are not within the scope of either a petition for a writ of habeas corpus filed pursuant to NRS 34.360 or a postconviction petition for a writ of habeas corpus. See Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984). Therefore, we conclude the district court did not err by denying the petition, and we
ORDER the judgment of the district court AFFIRMED.
Tao, Bulla Judges
Hon. Kathleen E. Delaney, District Judge