Opinion
No. 76207-COA
03-14-2019
JOHN MCLEAN TILLEY, Appellant, v. ISIDRO BACA, WARDEN, Respondent.
ORDER OF AFFIRMANCE
John Mclean Tilley appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on March 15, 2018. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Tilley filed a largely incoherent postconviction petition for a writ of habeas corpus in the First Judicial District Court. The First Judicial District Court determined the petition challenged the judgment of conviction and transferred it to the Fourth Judicial District Court in accordance with NRS 34.738(1). The Fourth Judicial District Court found that the petition failed to state a claim upon which relief could be granted and ordered it denied.
The record supports the Fourth Judicial District Court's finding, and we conclude it did not err by denying Tilley's petition. See NRS 34.735; Hargrove v. State, 100 Nev. 498, 502, 686 P.2d 222, 225 (1984) (a petitioner is not entitled to postconviction relief if his claims are bare and lack specific factual allegations). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
To the extent Tilley attempted to challenge the Nevada Department of Corrections' application of the statutory credits to his sentence, his claim should have raised in a separate postconviction habeas petition, NRS 34.738(3), and filed with the clerk for the district court in the county where he is incarcerated, NRS 34.738(1). See generally Williams v. State Dep't of Corr., 133 Nev.___, ___, 402 P.3d 1260, 1262 (2017) (explaining that claim that statutory credits are not being properly applied to an inmate's minimum sentence is a challenge to the computation of time served that is properly raised in a postconviction habeas petition).
/s/_________, J.
Tao
/s/_________, J.
Gibbons
/s/_________, J.
Bulla cc: Hon. Nancy L. Porter, District Judge
John McLean Tilley
Attorney General/Carson City
Elko County Clerk