Opinion
No. 72639
10-11-2017
JUAN ESBER MANZUR, Appellant, v. OFFENDER MANAGEMENT DIVISION; NEVADA DEPARTMENT OF CORRECTIONS; AND ATTORNEY GENERAL OF THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
Juan Esber Manzur appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James E. Wilson, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Manzur argues the district court erred in dismissing his November 2, 2016, petition. In his petition, Manzur asserted the Nevada Department of Corrections (NDOC) erroneously refused to assign him to a minimum custody conservation camp and he asserted he would be able to earn additional credits with such an assignment. This claim challenges Manzur's conditions of confinement and we conclude the district court correctly concluded this claim is not cognizable in a postconviction petition for a writ of habeas corpus. See Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984).
Manzur also asserted he should be awarded credits he would have been able to earn had he been assigned to minimum custody. Because Manzur was not assigned to minimum custody, he was not entitled to receive minimum-custody credits. See NRS 209.4465(4); see also NRS 209.481 (explaining which inmates are not eligible for assignment to a minimum security facility and requiring the director of the NDOC to establish procedures for classifying and selecting qualified prisoners for assignment to minimum security facilities). Therefore, the district court did not err in dismissing the petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents Manzur has filed in this matter, and we conclude no relief based upon those submissions is warranted. To the extent Manzur has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we decline to consider them in the first instance. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James E. Wilson, District Judge
Juan Esber Manzur
Attorney General/Carson City
Carson City Clerk