Opinion
No. 71187
07-12-2017
JOSEPH RAY CARUSO, Appellant, v. ISIDRO BACA, WARDEN, Respondent.
ORDER OF AFFIRMANCE
Joseph Ray Caruso appeals from a district court order dismissing the postconviction petition for a writ of habeas corpus he filed on June 15, 2016. First Judicial District Court, Carson City; James E. Wilson, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
In his petition, Caruso claimed the Nevada Department of Corrections was not applying the statutory credits he had earned to his minimum sentence as required by NRS 209.4465(7)(b). The district court found Caruso's claim was moot because he was already eligible for parole and he had already appeared before the Nevada Board of Parole Commissioners.
Even if Caruso was entitled to credit toward his minimum sentence under NRS 209.4465, his only remedy is the application of that credit toward a parole-eligibility determination. As Caruso has already appeared before the Nevada Board of Parole Commissioners, the district court did not err in concluding his petition was moot. See NRS 213.10705; Niergarth v. Warden, 105 Nev. 26, 28-29, 768 P.2d 882, 883-84 (1989) (holding no statutory authority or case law permits a retroactive grant of parole). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James E. Wilson, District Judge
Joseph Ray Caruso
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk