BIGGS v. WILLIAMS HDSP (2020)

ORDER OF AFFIRMANCE

Clyde Biggs appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on May 6, 2019. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

Biggs argues the district court erred by denying his claim that the Nevada Department of Corrections (NDOC) is not properly applying his work credits. Biggs argues NDOC is only giving him six days of credit when he is entitled to receive 10 days of credit. The district court found Biggs' work credits are being correctly applied, he has earned more than six credits every month he has worked, and NDOC is not required to award all 10 discretionary work credits every month. See NRS 209.4465(2). The record supports the decision of the district. Because Biggs failed to demonstrate NDOC has denied Biggs any credits that he has actually earned, we conclude the district court did not err by denying this claim.

Biggs also claims the district court erred by failing to consider his claim regarding his vocational and mental health class credits. Biggs did not raise this claim in his petition below. Instead, he raised it for the first time in his opposition to the State’s reply to his petition. Because Biggs was not allowed to file a pleading to the State’s response without court permission, see NRS 34.750(5), we conclude the district court did not err by not considering this claim.

Having concluded Biggs is not entitled to relief, we

ORDER the judgment of the district court AFFIRMED.