KELVIN LANEIL JAMES v. WILLIAM BILL GITTERE (2025)

ORDER OF AFFIRMANCE

Kelvin Laneil James appeals from a district court order dismissing a postconviction petition for a writ of habeas corpus (disciplinary) filed on March 4, 2025. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Chief Judge.

In his petition, James alleged that, as of the date of his petition, he had not received a disciplinary hearing for alleged conduct he committed on August 31, 2024. James also alleged the “length of his sentence” was “45 days store/canteen/ and stat time loss.” The district court reviewed the petition and found that James's claims were outside the scope of a postconviction petition for a writ of habeas corpus because James failed to allege he had lost statutory credits or any other protected liberty interest. See NRS 34.724(1) (limiting postconviction petitions for writs of habeas corpus to claims challenging the judgment of conviction or sentence or the computation of time served); see also Bowen v. Warden, 100 Nev. 489, 490, 686 P.2d 250, 250 (1984) (holding that “a petition for writ of habeas corpus may challenge the validity of current confinement, but not the conditions thereof”). Thus, the district court dismissed the petition.

While James's petition stated he lost statutory time credits, he did not allege how many credits he lost as a result of any prison disciplinary proceedings. Rather, his primary complaint was that he had not yet had a disciplinary hearing. Thus, we conclude James failed to support his claim with specific factual allegations not belied by the record that, if true, would entitle him to relief. See Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Therefore, we conclude the district court did not err by dismissing the petition, and we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.