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Haire v. Baca

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 12, 2017
No. 73696 (Nev. App. Oct. 12, 2017)

Opinion

No. 73696

10-12-2017

JAMES ROBERT HAIRE, Petitioner, v. ISIDRO BACA, WARDEN; OFFENDER MANAGEMENT DIVISION; AND THE STATE OF NEVADA, Respondents.

cc: James Robert Haire Attorney General/Carson City Carson City Clerk


ORDER DENYING PETITION

This is an original petition for a writ of mandamus challenging the computation of time served. Petitioner seeks an order compelling respondents to apply statutory credits to his sentence pursuant to NRS 209.4465(7). We have considered the petition on file herein, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction in this matter. See NRS 34.160; NRAP 21(b)(1); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). A postconviction petition for a writ of habeas corpus filed in the district court for the county in which the petitioner is incarcerated "[i]s the only remedy available to an incarcerated person to challenge the computation of time that the person has served pursuant to a judgment of conviction." NRS 34.724(2)(c); see NRS 34.738(1). Accordingly, we

ORDER the petition DENIED.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: James Robert Haire

Attorney General/Carson City

Carson City Clerk


Summaries of

Haire v. Baca

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 12, 2017
No. 73696 (Nev. App. Oct. 12, 2017)
Case details for

Haire v. Baca

Case Details

Full title:JAMES ROBERT HAIRE, Petitioner, v. ISIDRO BACA, WARDEN; OFFENDER…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 12, 2017

Citations

No. 73696 (Nev. App. Oct. 12, 2017)