Opinion
No. 67299
08-04-2015
VICTORIA GARCIA, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kenneth C. Cory, Judge.
Appellant Victoria Garcia argues that the district court erred by denying her April 18, 2014, petition, in which she claimed the Nevada Department of Corrections improperly classified her as a member of a security threat group. Garcia also argues the district court should have held an evidentiary hearing regarding this claim. However, Garcia's challenge to her classification as a member of a security threat group is a challenge to her conditions of confinement and a post-conviction petition for a writ of habeas corpus is not the proper vehicle to raise such challenges. See Bowen v. Warden, 100, Nev. 489, 490, 686 P.2d 250, 250 (1984). As Garcia's claim is not properly raised in a post-conviction petition for a writ of habeas corpus, the district court correctly denied the petition without conducting an evidentiary hearing. See Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Kenneth C. Cory, District Judge
Christopher R. Oram
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk