Opinion
No. 76224-COA
07-17-2019
JOEL DANIEL FOX, Appellant, v. RENEE BAKER, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Joel Daniel Fox appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on May 1, 2018, and "amended" petition filed on May 29, 2018. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Fox claimed the Nevada Department of Corrections was failing to apply statutory credits to his parole eligibility pursuant to NRS 209.4465(7)(b). Fox was sentenced to terms of years for crimes he committed in 1995. Because the record before this court suggested Fox was no longer incarcerated, this court ordered a response from the State as to his custody status. The State responded and provided documentation showing Fox was paroled from his final sentence in January 2019. Since a parole hearing would be the only relief available and no statutory authority or caselaw permits a retroactive grant of parole, see Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989), Fox's claim is moot. See Johnson v. Dir., Nev. Dep't of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). 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
Joel Daniel Fox
Attorney General/Carson City
Pershing County Clerk