Milner (David) v. Warden

Nevada Supreme Court

Milner (David) v. Warden

DecidedApril 14, 2017

Docket70599

StatusUnpublished

This text of Milner (David) v. Warden (Milner (David) v. Warden) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Milner (David) v. Warden, (Neb. 2017).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID MATTHEW MILNER, No. 70599 Appellant, VS. HAROLD WICKNIAN, WARDEN, WARM SPRINGS CORRECTIONAL CENTER, Respondent.

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court denying appellant David Milner's April 14, 2016, postconviction petition for a writ of habeas corpus (credits). First Judicial District Court, Carson City; James Todd Russell, Judge. Milner 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 Milner has no additional sentences left to serve and was released on parole in February 2017. The Nevada Department of Corrections has also returned to this court inmate mail addressed to Milner, with thefl notation "inmate not in custody." Because a parole hearing was the only relief available to Milner, 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), Milner'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.

dge.Azti J. Hardesty

SUPREME COURT cLkJccYfr , J. OF NEVADA P arr aguirre Stiglich (0) 1947A cc: Hon. James Todd Russell, District Judge David Matthew Milner Attorney General/Carson City Carson City Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A

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IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID MATTHEW MILNER, No. 70599 Appellant, VS. HAROLD WICKNIAN, WARDEN, WARM SPRINGS CORRECTIONAL CENTER, Respondent.

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court denying appellant David Milner's April 14, 2016, postconviction petition for a writ of habeas corpus (credits). First Judicial District Court, Carson City; James Todd Russell, Judge. Milner 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 Milner has no additional sentences left to serve and was released on parole in February 2017. The Nevada Department of Corrections has also returned to this court inmate mail addressed to Milner, with thefl notation "inmate not in custody." Because a parole hearing was the only relief available to Milner, 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), Milner'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.

dge.Azti J. Hardesty

SUPREME COURT cLkJccYfr , J. OF NEVADA P arr aguirre Stiglich (0) 1947A cc: Hon. James Todd Russell, District Judge David Matthew Milner Attorney General/Carson City Carson City Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A

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