Gardner (William) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

WILLIAM JAMES GARDNER, No. 71391 Appellant, vs. ISIDRO BACA, WARDEN, FILED Respondent. JUL 1 1 2017 ROM

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court denying appellant William Gardner's April 22, 2016, postconviction petition for a writ of habeas corpus (credits). First Judicial District Court, Carson City; William A. Maddox, Senior Judge. Gardner challenged the computation of time served as it applied to his parole eligibility. In response to an order of this court, the attorney general advises that Gardner has no additional sentences left to serve and has been released on parole. Because a parole hearing was the only relief available to Gardner, he has in fact been granted parole, and no statutory authority or case law permits a retroactive grant of parole, see Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989), Gardner's claim is moot. See Johnson v. Dir., Nev. Dep't. of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we ORDER this appeal DISMISSED.

A—Ltat , J. Hardesty

SUPREME COURT Parraguirre OF NEVADA

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cc: Chief Judge, The First Judicial District Court Hon. William A. Maddox, Senior Judge William James Gardner Attorney General/Carson City Carson City Clerk

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