Canty (Tyson) Vs. State, Dep'T Of Corr.

• Court: Nevada Supreme Court
• Decided: October 23, 2020
• Docket: 81910
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TYSON DUMONT CANTY, No. 81910 Petitioner, vs. FILED THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, OCT 2 3 2020 Respondent. ELIZABE A. BROWN OF S REM COURT Ator.4 p CLERK

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

This original pro se petition for a writ of habeas corpus challenges the denial of certain credits toward his sentence. Petitioner does not allege he previously sought and was denied habeas relief in the district court. See NRAP 22 (`An application for an original writ of habeas corpus should be made to the appropriate district court" in the first instance); see also NRS 34.738(1) (a postconviction habeas petition challenging the computation of time served must be filed with the clerk for the district court in the county where the petitioner is incarcerated); Williams v. Nev., Depst of Corr., 133 Nev. 594, 596, 402 P.3d 1260, 1262 (2017) (a claim that statutory credits are not being properly applied to an inrnate's minimum sentence is a challenge to the computation of time served that is properly raised in a postconviction habeas petition).

SUPREME COURT OF NEVADA

(0) I947A 434to Petitioner's failure to provide timely proof of service of the petition constitutes an additional basis upon which to deny relief. NRAP 21(a)(1). Accordingly, we ORDER the petition DENIED.

C.J. Pickering

, J. , J. Hardesty Silver

cc: Tyson Dumont Canty Attorney General/Carson City

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