Leavitt (Cody) v. Warden

• Court: Nevada Supreme Court
• Decided: June 15, 2017
• Docket: 71869
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CODY C. LEAVITT, No. 71869 Appellant, vs. WARDEN OF LCC, Respondent. rq, Fri LI)

2017 CLEV:NAU;'iUq

BY-- 511.;Kians-7

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court dismissing appellant Cody Leavitt's August 17, 2016, postconviction petition for a writ of habeas corpus (credits).' Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge. Leavitt challenges the computation of time served with respect to his parole eligibility. Leavitt has had three parole hearings and has discharged his sentence. Because a parole hearing was the only relief available to him and no statutory authority or case law permits a retroactive grant of parole, see Niergarth v. Warden, 105 Nev. 26, 29, 768

1 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(0(3).

SUPREME COURT OF NEVADA

(0) 1947A e P.2d 882, 884 (1989), Leavitt'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.

Hardesty

—264)Cir . Parraguirre

/44.1saug J. Stiglich

cc: Hon. Jim C. Shirley, District Judge Cody C. Leavitt Attorney General/Carson City Pershing County Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A .(Steina