district court dismissed the petition without prejudice because the petition was not "brought to trial" within 5 years as required by NRCP 41(e).

We conclude that the district court erred in dismissing appellant's petition pursuant to NRCP 41(e). There is no requirement under NRS Chapter 34 for a petitioner to take further action after the filing of the petition. Rather, NRS Chapter 34 places the obligation on the district court to take the next action. See, e.g., NRS 34.740 (requiring the clerk of the court to present the original petition promptly to a district judge); NRS 34.745(1) (requiring the district judge to determine whether an evidentiary hearing is required after reviewing the return, answer, and all supporting documents which are filed).

We nevertheless affirm the dismissal of the petition because appellant failed to demonstrate a violation of due process in connection with the prison disciplinary hearing. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (holding that a correct result will not be reversed simply because it is based on the wrong reason). In his petition, appellant claimed that the rule he violated did not specify •what constitutes prohibited or unauthorized use, his behavior did not constitute an offense, and the disciplinary hearing officer was biased because he was a personal friend of a correctional officer who was disciplined based on an investigation initiated by appellant. Appellant failed to demonstrate a violation of due process because he did not allege that he was deprived of advance written notice of the charges, a written statement of the evidence relied upon and the reasons for disciplinary action, or a qualified right to call witnesses and present evidence. Wolff v. McDonnell, 418 U.S. 539, 563-69 (1974). The record indicates that some evidence supports the SUPREME COURT OF NEVADA (0) 1947A decision by the prison disciplinary hearing officer, Superintendent u. Hill, 472 U.S. 445, 455 (1985), and appellant failed to demonstrate that the hearing officer was not impartial. Accordingly, we ORDER the judgment of the district court AFFIRMED.

az---S761c Parraguirre

J.

Saitta

cc: Hon. James E. Wilson, District Judge Frank Milford Peck Attorney General/Carson City Carson City Clerk

SUPREME COURT OF NEVADA (0) 1947A aelp