JONATHON ANTHONY TAYLOR v. WARDEN WILLIAMS AND THE STATE OF NEVADA (2024)

ORDER OF AFFIRMANCE

Jonathon Anthony Taylor appeals from a district court order dismissing a postconviction petition for a writ of habeas corpus challenging the computation of time served filed on September 5, 2023. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.

In his petition, Taylor sought the application of statutory credits to his sentence. Taylor neither alleged nor demonstrated that he had exhausted his administrative remedies prior to filing the petition. See NRS 34.724(1). To the extent Taylor argued that his petition was brought under NRS 209.4465(8)-(9) rather than NRS Chapter 34, a postconviction habeas petition filed pursuant to NRS Chapter 34 is the sole remedy available to challenge the computation of time served. NRS 34.724(2)(c). Therefore, we conclude the district court did not err by dismissing his petition without prejudice. See NRS 34.810(2) (providing that “[t]he court shall dismiss a [postconviction habeas] petition that challenges the computation of time served ․ without prejudice if the court determines that the petitioner did not exhaust all available administrative remedies to resolve such a challenge as required by NRS 34.724”). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.