Opinion
No. 69990
11-17-2016
JAMES RAY ESQUIBEL, Appellant, v. BRIAN WILLIAMS, SR., WARDEN, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Appellant James Ray Esquibel argues the district court erred in denying his June 30, 2015, petition. Esquibel asserts the Nevada Department of Corrections (NDOC) erroneously refuses to assign him to minimum custody and he asserts he would be able to earn additional credits with such an assignment. This claim challenges Esquibel's conditions of confinement and we conclude the district court correctly concluded this claim is not cognizable in a postconviction petition for a writ of habeas corpus. See Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984).
Esquibel also asserts he should be awarded credits he would have been able to earn had he been assigned to minimum custody. Because Esquibel is not assigned to minimum custody, he is not entitled to receive minimum-custody credits. See NRS 209.4465(4); see also NRS 209.481(2) (providing the director of the NDOC shall establish procedures for classifying and selecting qualified prisoners for assignment to minimum security facilities). Therefore, the district court did not err in denying the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Douglas Smith, District Judge
James Ray Esquibel
Attorney General/Carson City
Attorney General/Las Vegas
Clark County District Attorney
Eighth District Court Clerk