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Kerry Wayne TURNER, Appellant, v. Warden ROYAL and Esp, Respondents.
ORDER OF AFFIRMANCE
In his petition, Turner argued the Nevada Department of Corrections (NDOC) was not properly deducting statutory credits earned pursuant to NRS 209.4465 from his minimum sentence. The district court determined Turner had not alleged or shown that he had exhausted all available administrative remedies before filing the petition and dismissed the petition. See NRS 34.724(1) (“Any person ․ who, after exhausting all available administrative remedies, claims that the time the person has served pursuant to the judgment of conviction has been improperly computed may file a petition ․ to challenge the computation of time that the person has served.”); Hall v. Oliver, 141 Nev., Adv. Op. 70, ––– P.3d –––– (Ct. App. 2025). The record supports this finding.2 Therefore, we conclude the district court did not err by dismissing Turner's petition. See NRS 34.810(2) (providing “[t]he court shall dismiss a 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.
FOOTNOTES
2. We note Turner's claim was grievable because it challenged the application of credits toward his sentence, which is within the authority and control of the NDOC. See NDOC AR 740.03(4); see also generally NRS Chapter 209.
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Docket No: No. 90691-COA
Decided: January 28, 2026
Court: Court of Appeals of Nevada.
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