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Bellon v. Nev. Bd. of Parole

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 13, 2019
No. 77328-COA (Nev. App. Feb. 13, 2019)

Opinion

No. 77328-COA

02-13-2019

ROBERT LINZY BELLON, Petitioner, v. THE STATE OF NEVADA BOARD OF PAROLE; N.D.O.C.; AND OMD, Respondents.


ORDER DENYING PETITION

In this original petition for a writ of mandamus and subsequently filed documents, Robert Linzy Bellon asserts respondents have improperly calculated his parole hearing date. We are not satisfied this court's intervention by way of extraordinary relief is warranted at this time. Bellon's claim should be presented to the district court in the first instance where a factual record may be made regarding the computation of time served and where the district court may consider in the first instance NRS 213.12135(1) and the decision in State v. Boston, 131 Nev. 981, 363 P.3d 453 (2015). See Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981). Accordingly, without deciding the merits of the claim raised, we

ORDER the petition DENIED.

/s/_________, A.C.J.

Douglas /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Robert Linzy Bellon

Attorney General/Carson City


Summaries of

Bellon v. Nev. Bd. of Parole

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 13, 2019
No. 77328-COA (Nev. App. Feb. 13, 2019)
Case details for

Bellon v. Nev. Bd. of Parole

Case Details

Full title:ROBERT LINZY BELLON, Petitioner, v. THE STATE OF NEVADA BOARD OF PAROLE…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Feb 13, 2019

Citations

No. 77328-COA (Nev. App. Feb. 13, 2019)