An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his motion, filed on June 13, 2012, appellant claimed that he was entitled to additional presentence credit for time served. A claim for presentence credits should be raised on direct appeal or in a post-conviction petition for a writ of habeas corpus. Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). Thus, appellant's motion should have been construed as a post-conviction petition for a writ of habeas corpus. NRS 34.724(2)(c).
Appellant's motion was successive because he had previously filed a virtually identical motion on May 5, 2014, which was denied on the merits. NRS 34.810(2). Appellant's motion was therefore procedurally barred absent a demonstration of good cause and actual prejudice. NRS 34.810(3). Appellant did not attempt to demonstrate good cause to excuse the procedural bar, nor could he have demonstrated actual prejudice because he received all of the presentence credit to which he was entitled. We therefore conclude that the district court did not err in denying the motion, and we
Appellant did not appeal the denial of that motion.
ORDER the judgment of the district court AFFIRMED.
cc: Hon. Jessie Elizabeth Walsh, District Judge
Rudolph William Rivera
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk