Ngaue (Ricky) v. State

• Court: Nevada Supreme Court
• Decided: September 19, 2013
• Docket: 62967
• Status: Unpublished

Opinion

challenged classification is rationally related to a legitimate government interest); see also Graziano v. Pataki, 689 F.3d 110, 117 (2d Cir. 2012) (recognizing that prisoners, whether in the aggregate or specified by offense, are not a suspect class and rational basis test will apply) (citation omitted); Glauner v. Miller, 184 F.3d 1053, 1054 (9th Cir. 1999) (recognizing that prisoners are not a suspect class and applying rational basis test). 2 Appellant's separation-of-powers challenge to this statutory provision was patently without merit and based upon a misunderstanding of the separation-of-powers doctrine. Accordingly, we ORDER the judgment of the district court AFFIRMED. 3

Gibbons

)fA J. Douglas

E;„Ik_, J. Saitta

2 Remarkably, and contrary to appellant's implicit argument, appellant was not similarly situated to offenders who committed less serious offenses.

3 We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.

2 cc: Hon. Adriana Escobar, District Judge Ricky James Ngaue Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A

I 4- r 'InIC:°74TAI:RMSZEMW