Opinion
No. 77646-COA
10-08-2019
TERON DEALONTA FRANKLIN, Appellant, v. THE STATE OF NEVADA; JO GENTRY, WARDEN; BRIAN WILLIAMS, WARDEN; AND AW. WILLIAM REUBART (ESP) PRISON, Respondents.
ORDER OF AFFIRMANCE
Teron Dealonta Franklin appeals from a district court order dismissing a postconviction petition for a writ of habeas corpus filed on July 11, 2018. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.
In his petition, Franklin claimed his due process rights were violated during a prison disciplinary hearing and his punishment for violating the prison rules was cruel and unusual. The district court found that Franklin's petition did not allege a loss of credits or any other liberty interest. This finding is supported by the record. We conclude the district court did not err by dismissing Franklin's petition because his claims were not cognizable in a habeas corpus proceeding. See NRS 34.720; Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984).
In his informal brief, Franklin claims the district court erred by not considering his request for the appointment of postconviction counsel. However, the record does not demonstrate that he made such a request and, even if he had, we conclude there was no error because his petition was summarily dismissed. See NRS 34.750(1).
Having concluded Franklin is not entitled to relief, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Steve L. Dobrescu, District Judge
Teron Dealonta Franklin
Attorney General/Ely
White Pine County Clerk