Opinion
No. 77194-COA
02-13-2019
MALCOLM GRAY, Petitioner, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, Respondents.
ORDER DENYING PETITION
This original petition for a writ of mandamus and/or prohibition and supplement to the petition seek an order compelling respondents to set Malcolm Gray's next parole hearing date in accordance with his arrest date. Gray asserts his parole hearing date has been moved from May to October, thereby extending his sentence and subjecting him to potential excessive confinement. We are not satisfied this court's intervention by way of extraordinary relief is warranted at this time. Because Gray's claim involves issues of fact, he should seek relief in the district court in the first instance. See Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981). Accordingly, we
ORDER the petition DENIED.
/s/_________, A.C.J.
Douglas /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Malcolm Gray
Attorney General/Carson City
Eighth District Court Clerk