Gault (Caleb) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CALEB EMERSON GAULT, No. 70688 Appellant, vs. HAROLD WICKHAM, WARDEN, WARM SPRINGS CORRECTIONAL CENTER (WSCC), Respondent. By ORDER DISMISSING APPEAL EPUTY CC

This is a pro se appeal from an order of the district court denying appellant Caleb Gault's May 12, 2016, postconviction petition for a writ of habeas corpus (credits). First Judicial District Court, Carson City; James Todd Russell, Judge. Gault challenged the computation of time served as it applied to his parole eligibility. In response to an order of this court, the attorney general advises that Gault received a parole hearing in December 2016 and that he has no additional sentences left to serve. Because the parole hearing was the only relief available to Gault 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), Gault's claim is moot. See Johnson v. Dir., Nev. Dep't. of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we ORDER this appeal DISMISSED.

J.

Gibboris Pickering SUPREME COURT OF NEVADA

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:-(K1Gc cc: Hon. James Todd Russell, District Judge Caleb Emerson Gault Attorney General/Carson City Carson City Clerk

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