Opinion
No. 65115
07-23-2014
LAUSTEVEION DELANO JOHNSON, Appellant, v. RENEE BAKER; THE STATE OF NEVADA; AND BRIAN WILLIAMS, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person 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; Susan Johnson, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his July 26, 2013, petition, appellant claimed that he was improperly denied parole due to consideration of incorrect information regarding his convictions and his housing while in prison. Appellant's claims were not cognizable in a post-conviction petition for a writ of habeas corpus because appellant was lawfully confined pursuant to a valid judgment of conviction and appellant's claims relating to the parole hearing did not challenge the judgment of conviction or the computation of time served. See NRS 34.720. As a separate and independent ground to deny relief, appellant's challenge to the denial of parole was without merit because parole is an act of grace of the State and there is no cause of action when parole has been denied. See NRS 213.10705; Niergarth v. Warden, 105 Nev. 26, 28, 768 P. 2d 882, 883 (1989). Therefore, the district court did not err in denying this claim. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
__________, J.
Pickering
__________, J.
Parraguirre
__________, J.
Saitta
cc: Hon. Susan Johnson, District Judge
Lausteveion Delano Johnson
Attorney General/Las Vegas
Eighth District Court Clerk