Johnson (Francis) Vs. Warden

• Court: Nevada Supreme Court
• Decided: April 15, 2020
• Docket: 78171
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FRANCIS JAMES JOHNSON, No. 78171 Appellant, vs. BRIAN WILLIAMS, WARDEN, FILED Respondent. APR 1 5 2020 ELLZABETH A. BRC.,A114 LIPREttr ou BY

ORDER OF AFFIRMANCE This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus.1 Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. In his petition filed on January 31, 2018, appellant claimed that his due process rights were violated at a prison disciplinary hearing, resulting in disciplinary segregation and restitution. Appellant's claims challenging the prison disciplinary proceedings were not cognizable in a petition for a writ of habeas corpus because appellant did not lose any credits and the claims challenged the conditions of confinement. See Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984); see also Sandin v. Conner, 515 U.S. 472, 486 (1995) (holding that liberty interest protected by the Due Process Clause will generally be limited to freedom from restraint

'Having considered the pro se brief filed by appellant, we conclude that a response is not necessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(f)(3). which imposes an atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life). Accordingly, we ORDER the judgment of the district court AFFIRMED.

Parraguirre

, J. Hardesty

J. Cadish

cc: Hon. Linda Marie Bell, Chief Judge Francis James Johnson Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk