Opinion
No. 76807-COA
05-21-2019
LARRY FRANCIS GEPSON, Appellant, v. PERRY RUSSELL, WARDEN, W.S.C.C., Respondent.
ORDER OF AFFIRMANCE
Larry Francis Gepson appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus filed on May 9, 2018. First Judicial District Court, Carson City; James E. Wilson, 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). --------
In his petition, Gepson claimed his due process rights were violated at a prison disciplinary hearing that resulted in disciplinary segregation. Gepson's claim challenging the prison disciplinary hearing proceedings was not cognizable in a petition for a writ of habeas corpus because Gepson did not lose any credits and the claim challenged the conditions of his confinement. See NRS 34.720; NRS 34.724(1); Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984) ("[A] petition for writ of habeas corpus may challenge the validity of current confinement, but not the conditions thereof."). Therefore, we conclude the district court did not err by dismissing Gepson's petition, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. James E. Wilson, District Judge
Larry Francis Gepson
Attorney General/Carson City
Carson City Clerk