Opinion
82383-COA
09-17-2021
RICHARD DEEDS, Appellant, v. CALVIN JOHNSON, WARDEN, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
Richard Deeds appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on September 16, 2020. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge.
In his petition, Deeds claimed his parole improperly included conditions reserved for sex offenders even though he was not serving a sentence for a sexual offense. In addition, Deeds asserted imposition of parole conditions due to his prior sexual offense violated his right against ex post facto punishments. Deeds also contended the Nevada Department of Corrections violated the Americans with Disabilities Act by failing to accommodate his disability because it did not place him into disabled housing or consider his inability to earn a living after his release onto parole due to his disability.
A petitioner may utilize a postconviction petition for a writ of habeas corpus to challenge a judgment of conviction or the computation of time served. See NRS 34.724(1). Deeds did not raise either of those challenges; rather his petition challenged the conditions of his confinement. Challenges to the conditions of a petitioner's confinement are not within the scope of a postconviction petition for a writ of habeas corpus. See Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984) ("[A] petition for writ of habeas corpxis may challenge the validity of current confinement, but not the conditions thereof.'). Therefore, we conclude the district court did not err by denying the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Gibbons C.J., Tao, J., Bulla, J.
Hon. Jerry A. Wiese, District Judge