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Holmes v. Nev. Dep't of Corr.

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2019
No. 75937-COA (Nev. App. Mar. 14, 2019)

Opinion

No. 75937-COA

03-14-2019

KEVIN RAY HOLMES, Appellant, v. NEVADA DEPARTMENT OF CORRECTIONS; WARDEN, WSS; AND BOARD OF PAROLE COMMISSIONERS, Respondents.


ORDER OF AFFIRMANCE

Kevin Ray Holmes appeals from an order of the district court denying a petition for a writ of mandamus. First Judicial District Court, Carson City; James Todd Russell. Judge.

This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------

Holmes claims the district court erred by denying his claim the Nevada Department of Corrections was improperly declining to apply statutory credits toward his minimum terms. The district court, in part, concluded Holmes improperly raised a claim challenging the computation of time served in a petition for a writ of mandamus, and denied the petition on this ground. Because a postconviction petition for a writ of habeas corpus is the only remedy for challenging the computation of time served, see NRS 34.724(2)(c), we conclude the district court did not err by denying the petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, J.

Tao

/s/_________, J.

Gibbons

/s/_________, J.

Bulla cc: Hon. James Todd Russell, District Judge

Kevin Ray Holmes

Attorney General/Carson City

Carson City Clerk


Summaries of

Holmes v. Nev. Dep't of Corr.

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2019
No. 75937-COA (Nev. App. Mar. 14, 2019)
Case details for

Holmes v. Nev. Dep't of Corr.

Case Details

Full title:KEVIN RAY HOLMES, Appellant, v. NEVADA DEPARTMENT OF CORRECTIONS; WARDEN…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 14, 2019

Citations

No. 75937-COA (Nev. App. Mar. 14, 2019)