Davis (Matthew) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

MATTHEW A. DAVIS, No. 71336 Appellant, vs.

BRIAN WILLIAMS, WARDEN; AND

OFFENDER MANAGEMENT DIVISION FUSED STATE OF NEVADA,

Respondents. JUN 1 5 2017 ELJZABETN A. BROWN CLERK F SUPREME COURT BY •V DEPUT7t111)--

ORDER OF AFFIRMANCE

This is a pro se appeal from a district court order denying appellant Matthew Davis's May 19, 2016, postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Davis challenges the computation of time he has served. We affirm. 1

Davis contends he is owed 10 days' statutory good-time credit for each month he served in prison between March 2004 and June 2007. The record shows that Davis received credit for that time and is not entitled to additional credit off of his maximum sentences.

Davis also contends that NDOC erroneously failed to apply any statutory credits to his minimum sentence. This is new argument not raised below, and we decline to consider it on appeal in the first instance.

'Having considered the pro se brief filed by Davis, we conclude that a response is not necessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(0(3).

SUPREME COURT

OF

NEVADA (0) 1947A See Davis v. State, 107 Nev. 600, 606, 817 P.2d 1169, 1173 (1991), overruled on other grounds by Means v. State, 120 Nev. 1001, 1012-13, 103 P.3d 25, 33 (2004). For the foregoing reasons, we

ORDER the judgment of the district court AFFIRMED.

J. Hardesty

Ler j Parraguirre *

J. Stiglich cc: Hon. Linda Marie Bell, District Judge

Matthew A. Davis

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e