Opinion
No. 76384-COA
05-21-2019
DANIEL WALTER CORCORAN, Appellant, v. RENEE BAKER, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Daniel Walter Corcoran appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus filed on March 13, 2018. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.
This appeal has been submitted for decision without oral argument. NEAP 34(f)(3).
In his petition, Corcoran claimed the Nevada Department of Corrections improperly declined to apply credits toward the minimum term of his sentence for the deadly weapon enhancement of his sentence for first-degree murder with the use of a deadly weapon. The district court dismissed Corcoran's petition as procedurally barred because it was a successive petition and it was an abuse of the writ as he raised claims new and different from those raised in his previous petition. See NRS 34.810(2).
It does not appear Corcoran appealed from the district court's order disposing of his previous petition challenging the computation of time served filed on March 30, 2017. --------
We conclude the district court did not err by dismissing Corcoran's petition as procedurally barred because the petition was successive and an abuse of the writ, and Corcoran failed to allege good cause to overcome the procedural bars. See NRS 34.810(3). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Jim C. Shirley, District Judge
Daniel Walter Corcoran
Attorney General/Carson City
Pershing County Clerk