Godett (Leroy) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

LEROY EMILLIO GODETT, A/K/A ROY No. 71422 EMILLIO GODETT, Appellant, FILED vs. ISIDRO BACA, WARDEN, SEP 1 3 2017 Respondent.

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court denying appellant Leroy Godett's May 24, 2016, postconviction petition for a writ of habeas corpus (credits). First Judicial District Court, Carson City; James Todd Russell, Judge. Godett challenged the computation of time served as it applied to his parole eligibility for his burglary conviction. The Court of Appeals has previously observed that Godett already received a parole hearing on this sentence, see Godett v. Baca, Docket No. 70768 (Order of Affirmance, November 18, 2016), as indicated by the record on appeal. Because the parole hearing was the only relief available to Godett 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), Godett'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.

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cc: Hon. James Todd Russell, District Judge Leroy Emillio Godett Attorney General/Carson City Carson City Clerk

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