WANZA v. HOWELL (2020)

ORDER OF AFFIRMANCE

Tacuma Jawanza M'Wanza appeals from a single district court order that denied postconviction petitions for a writ of habeas corpus filed on January 7, 2019, and February 5, 2019. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

M'Wanza claims the district court erred by denying, as moot, his claims that the Nevada Department of Corrections is improperly denying him credit off his minimum term, he is entitled to have 40% deducted off his sentence separate from the provisions in NRS 209.4465, and the denial of credit violates his rights under the Equal Protection Clause, the Due Process Clause, and the Eighth Amendment. The district court found that M'Wanza received a parole hearing on April 1, 2019, and was denied parole at that time. The district court concluded that M'Wanza's appearance before the Board of Parole Commissioners rendered M'Wanza's challenges to the application of credit to his minimum term moot. The record supports the district court's findings, and we conclude the district court did not err by denying M'Wanza's petitions. See Williams v. State, Dept of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017) (“[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)). Accordingly, we

ORDER the judgment of the district court AFFIRMED.