Summary
holding that good time credits do not apply to an indefinite maximum term such as a life sentence
Summary of this case from Owens v. N.D.O.C.Opinion
No. 08-16594.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed June 14, 2010.
John Witherow, Indian Springs, NV, pro se.
Heather D. Procter, Deputy Attorney General, Office of the Nevada Attorney General, Carson City, NV, for Respondents-Appellees.
Appeal from the United States District Court for the District of Nevada, Howard D. McKibben, District Judge, Presiding. D.C. No. 3:04-CV-00658-HDM.
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Nevada state prisoner John Witherow appeals pro se from the district court's judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.
We certify for appeal, on our own motion, the issue of whether the Nevada Department of Corrections' failure to deduct earned good time credits from Witherow's lifetime term of imprisonment violated due process.
Witherow contends that the district court erred by determining that he has no federally recognized liberty interest in the application of good time credits to his life sentence. Witherow's due process rights were not violated because the state of Nevada has not created a liberty interest in the application of good time credits to a life sentence. See Hunt v. Warden, 111 Nev. 1284, 903 P.2d 826, 827 (1995); see also Wolff v. McDonnell, 418 U.S. 539, 557, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Thus, the Nevada Supreme Court's order rejecting this claim was neither contrary to, nor involved an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States. See 28 U.S.C. § 2254(d)(1).