MOHAMED ABDALLA MAHMOUD v. NNCC WARDEN FERNANDIES FRAZIER (2023)

ORDER OF AFFIRMANCE

Mohamed Abdalla Mahmoud appeals from an order of the district court denying a petition for a writ of habeas corpus filed on October 6, 2022. First Judicial District Court, Carson City; James E. Wilson, Judge.

In his petition, Mahmoud requested an order altering his classification status, sought an order directing the Nevada Department of Corrections to amend its rules regarding placement of an inmate in protective custody, and requested the district court to declare that his assignment to administrative segregation violated his rights. The district court found that Mahmoud challenged the conditions of his confinement. Challenges to the conditions of confinement are not cognizable in a petition for a writ of habeas corpus. See Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984) (“[A] petition for writ of habeas corpus may challenge the validity of current confinement, but not the conditions thereof.”). Therefore, Mahmoud was not entitled to relief based on these claims, and we conclude that the district court did not err by denying the petition.

Next, Mahmoud appears to argue on appeal that he suffered a loss of statutory credit for violating the rules of administrative segregation. This claim was not raised in Mahmoud's petition filed in the district court. Therefore, we decline to consider it on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 415-16, 990 P.2d 1263, 1275-76 (1999). Accordingly, we

ORDER the judgment of the district court AFFIRMED.¹

Gibbons, C.J.

Westbrook, J.

Silver, Sr.J.

FOOTNOTES

1.   The Honorable Abbi Silver, Senior Justice, participated in the decision of this matter under a general order of assignment.