RAUL GARCIA v. TIM GARRETT WARDEN AND THE STATE OF NEVADA (2024)

ORDER OF AFFIRMANCE

Raul Garcia appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus challenging the computation of time served. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.

In his July 20, 2023, petition, Garcia sought the application of statutory credits to his minimum sentence. Respondent moved to dismiss the petition because Garcia failed to first exhaust his administrative remedies as required by NRS 34.724(1), (2)(c). Garcia did not file a response to respondent's motion, and the district court found that Garcia failed to demonstrate that he had exhausted his administrative remedies before filing his petition. The district court's finding is supported by the record. Accordingly, we conclude the district court did not err by denying the petition, and we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.