KENYA FRANKLIN v. BRIAN WILLIAMS SR WARDEN (2024)

ORDER OF AFFIRMANCE

Kenya Franklin appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus challenging the computation of time served. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.

In his April 21, 2023, petition, Franklin sought the application of statutory credits to his minimum sentence. Respondent moved to dismiss the petition because Franklin failed to first exhaust his administrative remedies as required by NRS 34.724(1), (2)(c). Franklin did not file a response to respondent's motion, and the district court found that Franklin failed to allege 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.