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Roper v. Baca

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 30, 2019
No. 77285-COA (Nev. App. Jul. 30, 2019)

Opinion

No. 77285-COA

07-30-2019

GENE CURTIS ROPER, Appellant, v. ISIDRO BACA, WARDEN, NORTHERN NEVADA CORRECTIONAL CENTER; SR C/O BARTHOLOMEW; NORTHERN NEVADA CORRECTIONAL CENTER; AND THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Respondents.


ORDER OF AFFIRMANCE

Gene Curtis Roper appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus filed on August 29, 2018. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, 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 petition, Roper alleged numerous errors occurred during his prison disciplinary hearing. However, the district court dismissed Roper's petition because Roper failed to allege he had forfeited any credits based on the disciplinary hearing.

We conclude the district court did not err by dismissing the petition. Roper's petition did not challenge his judgment of conviction and he did not allege he forfeited credits based upon the prison disciplinary proceedings. Therefore, his claim was not cognizable in a postconviction petition. See NRS 34.720; NRS 34.724(1); Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Steve L. Dobrescu, District Judge

Gene Curtis Roper

Attorney General/Carson City

White Pine County Clerk


Summaries of

Roper v. Baca

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 30, 2019
No. 77285-COA (Nev. App. Jul. 30, 2019)
Case details for

Roper v. Baca

Case Details

Full title:GENE CURTIS ROPER, Appellant, v. ISIDRO BACA, WARDEN, NORTHERN NEVADA…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 30, 2019

Citations

No. 77285-COA (Nev. App. Jul. 30, 2019)