Almy (Kevin) v. Warden

• Court: Nevada Supreme Court
• Decided: September 13, 2017
• Docket: 71088
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

KEVIN DREW ALMY, No. 71088 Appellant, vs. ISIDRO BACA, WARDEN OF FILED NORTHERN NEVADA CORRECTIONAL CENTER, SEP 1 3 2017 Respondent.

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court denying appellant Kevin Almy's June 28, 2016, postconviction petition for a writ of habeas corpus (credits). First Judicial District Court, Carson City; James Todd Russell, Judge. Almy challenges the computation of time served with respect to his parole eligibility. In response to an order of this court, the attorney general advises that Almy has had a parole hearing on his final sentence and has been granted parole. Because a parole hearing was the only relief available to Almy, he has in fact been granted parole, and no statutory authority or case law permits a retroactive grant of parole, see Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882 884 (1989), Almy's claim is moot.

SUPREME COURT OF NEVADA

10) 1947A e4 \ -30(814 See Johnson v. Dir., Nev. Dep'tc of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we ORDER this appeal DISMISSED.'

s/c Douglas J.

,J.

cc: Hon. James Todd Russell, District Judge Kevin Drew Almy Attorney General/Carson City Attorney General/Las Vegas Carson City Clerk

'We have reviewed all documents that appellant has filed in pro se in this matter, and we conclude that no relief based upon those submissions is warranted.

SUPREME COURT OF NEVADA 2 10) 1947A e