White (Maurice) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MAURICE WHITE, No. 71286 Appellant, vs. BRIAN WILLIAMS, WARDEN, Respondent. FILED JUN 1 5 2017 ELIZABETD A BROWN CLERK QF SiPR(ME COURT BY DEPUTY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court denying appellant Maurice White's May 10, 2016, postconviction petition for a writ of habeas corpus (credits). Eighth Judicial District Court, Clark County; Kathy A. Hardcastle, Senior Judge. White challenged the computation of time served as it applied to his parole eligibility. The district court's finding that he had already been granted a parole hearing is supported by evidence in the record. Because the parole hearing was the only relief available to White 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), White'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.

riSmAcCeAsc J. Hardesty

SUPREME COURT Lasja Parraguirre Cr4,7." 41.45Ca..0 Stiglich J.

OF NEVADA

10) 194M e 17-1904 cc: Chief Judge, The Eighth Judicial District Court Hon. Kathy A. Hardcastle, Senior Judge Maurice White Attorney GenerallCarson City Attorney GenerallLas Vegas Eighth District Court Clerk

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