IN THE SUPREME COURT OF THE STATE OF NEVADA

WILLIAM EMERY FODOR, No. 75788 Appellant, vs. JO GENTRY, WARDEN; JAMES FILED DZURENDA, DIRECTOR, NDOC; AND THE STATE OF NEVADA, DEC 1 1 2021 Respondents. THA. EiPCc•A'N CLE PR BY DEPUTY CLEHN

ORDER OF AFFIRMANCE This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus.' Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Appellant William Emery Fodor challenged the computation of time served on his judgment of conviction, arguing that the credits he earned under NRS 209.4465 should be applied to the minimum term of his sentence as provided in NRS 209.4465(7). Because a parole hearing would be the only relief available if the Department of Corrections had not properly applied credits to Fodor's minimum term and it appeared that Fodor may have been paroled while this appeal was pending, this court ordered a response from the State as to his custody status. The State responded and provided documentation showing that Fodor has been paroled from his final sentence. We therefore cannot grant Fodor any

1Having considered the pro se brief filed by appellant, 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

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, further relief on his computation claim. Williams v. State, Dep't of Corrs., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017) CBecause the application of credits under NRS 209.4465(7)(b) only serves to make an offender eligible for parole earlier, no relief can be afforded where the offender has already expired his sentence or appeared before the parole board on the sentence." (citation omitted)). Accordingly, we ORDER the judgment of the district court AFFIRMED.2

, C.J. Hardesty

Herndon

cc: Hon. Linda Marie Bell, Chief Judge William Emery Fodor Attorney General/Carson City Eighth District Court Clerk

2The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPREME COURT OF NEVADA 2 MI 1947A 4SPID

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