WILLIE SEAL LEWIS v. THE STATE OF NEVADA (2025)

ORDER OF AFFIRMANCE

Willie Seal Lewis appeals from a district court order 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 petition, Lewis claimed the Nevada Department of Corrections erroneously failed to apply statutory credits toward his minimum sentence. The appropriate remedy for Lewis's claim would be a parole hearing. See Williams v. State Dep't of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017) (“[T]he application of credits under NRS 209.4465(7)(b) only serves to make an offender eligible for parole earlier ․ ”). Thus, if he has already received a parole hearing regarding this sentence, his claim is moot. See id. (“[N]o relief can be afforded where the offender has already expired the sentence or appeared before the parole board on the sentence.” (internal citation omitted)). The district court concluded Lewis's claim was moot because he had received a parole hearing. The record supports the district court's finding that Lewis received a parole hearing. Because Lewis's claim was moot, we conclude the district court did not err by denying his petition.¹ Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.

FOOTNOTES

1.   To the extent Lewis argued in a reply brief filed on July 23, 2023, that his claim was not moot, Lewis did not obtain permission from the court to file this pleading, see NRS 34.750(5), and the district court did not consider this argument in its written order. We do not consider this argument for the first time on appeal.