JORDON v. WILLIAMS (2020)

ORDER OF AFFIRMANCE

Keith Jordon appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on August 2, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

Jordon claimed the Nevada Department of Corrections (NDOC) caused “earned” labor credits to be forfeited without affording him due process. Inmates enjoy limited due process rights. See Wolff v. McDonnell, 418 U.S. 539, 555 (1974). However, an inmate has no right to labor credit for work not performed. Vickers v. Dzurendct, 134 Nev. 747, 748, 433 P.3d 306, 308 (Ct. App. 2018). Jordon conceded he had not worked to earn the credits he was claiming were forfeited. Accordingly, he failed to demonstrate he had earned credits and, thus, that he was entitled to due process before they were forfeited. We therefore conclude the district court did not err by denying this claim.

The district court denied Jordon’s motion to appoint postconviction counsel. The district court found the issues Jordon presented were not difficult, he appeared able to comprehend the proceedings, and it did not appear counsel was necessary to proceed with any discovery. These findings are supported by the record on appeal. We therefore conclude the district court did not abuse its discretion by denying Jordon’s motion for the appointment of postconviction counsel. See NRS 34.750(1); see generally Renteria-Novoa v. State, 133 Nev. 75, 391 P.3d 760 (2017). Accordingly, we

ORDER the judgment of the district court AFFIRMED.