Nevada Supreme Court, 2014

Misiewicz v. Warden

Misiewicz v. Warden
Nevada Supreme Court · Decided September 17, 2014

Misiewicz v. Warden

Opinion

was computing his sentence, appellant failed to support this claim with specific facts that, if true, would have entitled him to relief. Hargrove v. State, 100 Nev. 498, 502, 686 P.2d 222, 225 (1984).

Appellant also claimed that NDOC improperly refused to place him in a minimum security facility. Placement is a condition of confinement and thus may not be challenged in a post-conviction petition for a writ of habeas corpus. Bowen v. Warden, 100 Nev. 489, 686 P.2d 250 (1984). Further, we note that appellant is currently out on parole and this issue is moot. Therefore, the district court did not err in dismissing the petition, and we ORDER the judgment of the district court AFFIRMED.

Hardest ei

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Douglas isr As

cc: Hon. Adriana Escobar, District Judge William Carl Misiewicz Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A

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