Stringer
v.
Baker

Supreme Court of Nevada.Mar 7, 2012
381 P.3d 667 (Nev. 2012)

No. 59505.

03-07-2012

Michael STRINGER, Appellant, v. Renee BAKER, Warden, Respondent.

Michael Stringer Attorney General/Carson City


Michael Stringer

Attorney General/Carson City

ORDER OF AFFIRMANCE

This is a proper person appeal from an order denying a petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Dan L. Papez, Judge.

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 petition, filed on September 16, 2011, appellant claimed that the Nevada Department of Corrections was improperly refusing to submit petitioner for a parole hearing. Appellant acknowledged that he was confined pursuant to a judgment of conviction. Because appellant was not challenging the validity of his judgment of conviction, his claim was not cognizable in a petition for a writ of habeas corpus. See NRS 34.360. Accordingly, we

Noting that appellant's claims appeared to be outside the limited scope cognizable in post-conviction habeas petitions, the district erred in construing the petition as one for post-conviction habeas relief. We nevertheless affirm the district court's decision for the reasons stated above. See Wvatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (holding that a correct result will not be reversed simply because it is based on the wrong reason).


ORDER the judgment of the district court AFFIRMED.