Opinion
No. 78595-COA
12-12-2019
EUGENE GLOVER, Appellant, v. WILLIAM A. GITTERE, WARDEN, ESP, Respondent.
ORDER OF AFFIRMANCE
Eugene Glover appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on March 27, 2019. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.
Glover claims the district court erred by denying his claim that the Nevada Department of Corrections (NDOC) was improperly declining to apply statutory credits to his minimum term. The district court denied Glover's claim because Glover did not qualify for the application of credits to his minimum term based on the date he committed his crime and the type of felony he committed. See NRS 209.4465(8)(d). Because Glover admitted in his petition that he was convicted of a category B felony, which he committed after the effective date of the 2007 amendments to NRS 209.4465, we conclude he failed to demonstrate the district court erred by denying his claim.
Glover also claims the district court erred by denying his claim that NDOC's failure to apply his credits to his minimum term violated the Equal Protection Clause. This claim lacked merit. See Vickers v. Dzurenda, 134 Nev. 747, 748-51, 433 P.3d 306, 308-10 (Ct. App. 2018) (rejecting similar claim). Therefore, the district court did not err by denying this claim. Accordingly, 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
Eugene Glover
Attorney General/Carson City
White Pine County District Attorney
White Pine County Clerk