Opinion
No. 76757-COA
08-14-2019
KEVIN FERNANDEZ, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Kevin Fernandez appeals from a district court order dismissing a postconviction petition for a writ of habeas corpus filed on June 28, 2018. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g).
Fernandez filed a largely incomprehensible postconviction petition for a writ of habeas corpus in the Fifth Judicial District Court. The Fifth Judicial District Court determined the petition challenged the computation of time and transferred it to the Seventh Judicial District Court in accordance with NRS 34.738(1). The Seventh Judicial District Court found that the petition failed to make specific allegations and ordered it dismissed.
The record supports the Seventh Judicial District Court's finding, and we conclude it did not err by dismissing Fernandez' petition. See NRS 34.375; Hargrove v. State, 100 Nev. 498, 502, 686 P.2d 222, 225 (1984) (a petitioner is not entitled to postconviction relief if his claims are bare and lack specific factual allegations). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have considered the arguments Fernandez presented in his notice of appeal and conclude he is not entitled to relief. --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Steve L. Dobrescu, District Judge
Kevin Fernandez
Attorney General/Carson City
White Pine County District Attorney
White Pine County Clerk