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Lewis v. Sherman

SUPREME COURT OF THE STATE OF NEVADA
Apr 9, 2013
No. 61447 (Nev. Apr. 9, 2013)

Opinion

No. 61447

04-09-2013

ARMOND LEWIS, Appellant, v. S C/O SHERMAN (NNCC); AND GREG COX, DIRECTOR, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 denying a post-conviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Dan L. Papez, 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 petition filed on March 12, 2012, appellant claimed that his due process rights were violated at a prison disciplinary hearing, which resulted in disciplinary segregation, loss of phone privileges, and restitution. Notably, although referred for the loss of credits, the record reveals that no credits were forfeited. Because appellant did not lose any credits, appellant's claims challenging the prison disciplinary proceedings were not cognizable in a petition for a writ of habeas corpus filed in state court because these claims challenged the conditions of confinement. Bowen v. Warden, 100 Nev. 489, 686 P.2d 250 (1984). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

____________________, J.

Hardesty

____________________, J.

Parraguirre

____________________, J.

Cherry
cc: Hon. Gary Fairman, District Judge

Armond Lewis

Attorney General/Carson City

Attorney General/Ely

White Pine County Clerk


Summaries of

Lewis v. Sherman

SUPREME COURT OF THE STATE OF NEVADA
Apr 9, 2013
No. 61447 (Nev. Apr. 9, 2013)
Case details for

Lewis v. Sherman

Case Details

Full title:ARMOND LEWIS, Appellant, v. S C/O SHERMAN (NNCC); AND GREG COX, DIRECTOR…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Apr 9, 2013

Citations

No. 61447 (Nev. Apr. 9, 2013)