Johnson (Nathanial) v. Warden ( 2013 )


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  •                               Based upon our review of the record on appeal, we conclude
    that the district court did not err in determining that appellant was not
    entitled to relief. NRS 34.724(2)(c) provides that a post-conviction petition
    for a writ of habeas corpus is the only remedy available to challenge the
    computation of time served, and therefore, a writ of mandamus is not
    available to challenge the application and calculation of appellant's
    statutory credits. Thus, we conclude that the district court did not err in
    denying the petition for a writ of mandamus. 2 Accordingly, we
    ORDER the judgment of the district court AFFIRMED. 3
    Hardesty
    Otakolt -    4   j4/
    •
    ParragUirre
    J.
    2 Thedistrict court denied the petition for a writ of mandamus on the
    merits, but should not have reached the merits of appellant's claim
    pursuant to NRS 34.724(2)(c). However, we affirm because the district
    court reached the right result in denying the petition. See Wyatt v. State,
    
    86 Nev. 294
    , 298, 
    468 P.2d 338
    , 341 (1970).
    3 We  have reviewed all documents that appellant has submitted in
    proper person to the clerk of this court in this matter, and we conclude
    that no relief based upon those submissions is warranted. To the extent
    that appellant has attempted to present claims or facts in those
    submissions which were not previously presented in the proceedings
    below, we have declined to consider them in the first instance.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) I947A
    (A,„
    cc: Hon. Linda Marie Bell, District Judge
    Nathanial Johnson
    Attorney General/Las Vegas
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 61503

Filed Date: 4/10/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014