Opinion
No. 68264
12-18-2015
ERIC ANTHONY LITTLE, Appellant, v. JAMES G. COX, DIRECTOR OF NEVADA DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, 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 September 24, 2014, petition, appellant Eric Anthony Little claimed the Nevada Department of Corrections improperly calculated his sentence, which resulted in him improperly receiving an early parole hearing in 2010. Little asserted he was not actually eligible to be paroled until 2012 and he sought an order granting him another parole hearing.
Our review of the record reveals Little is not entitled to relief. The record indicates Little received another parole hearing on October 28, 2013. Because parole is an act of grace of the State, this renders Little's petition moot as the only remedy available would be to order the parole board to conduct a hearing. See NRS 213.10705; Niergarth v. Warden, 105 Nev. 26, 28-29, 768 P.2d 882, 883-84 (1989) (holding that no statutory authority or case law permits a retroactive grant of parole). As Little was not entitled to relief for this claim, the district court did not err in denying the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Linda Marie Bell, District Judge
Eric Anthony Little
Attorney General/Carson City
Attorney General/Las Vegas
Clark County District Attorney
Eighth District Court Clerk