Opinion
No. 57497.
11-21-2011
Stephen HINES, Petitioner, v. The STATE of Nevada DEPARTMENT OF PUBLIC SAFETY, the Division of Investigation, the Division of Parole & Probation, Respondents.
Law Office of Gemma Greene Waldron, PLLC Attorney General/Carson City
Law Office of Gemma Greene Waldron, PLLC
Attorney General/Carson City
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR CERTIORARI
This original petition for a writ of mandamus or certiorari seeks the production of documents and audio recordings of a polygraph examination and to correct a violation report.
The determination of whether to consider a petition for a writ of mandamus or certiorari is solely within our discretion. Smith v. District Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (mandamus); SFPP, L.P. v. Dist. Ct., 123 Nev. 608, 610, 173 P.3d 715, 716 (2007) (certiorari). We have consistently held that we will generally not entertain a petition for writ relief unless it is first sought in district court. Southwest Gas Corp. v. Public Serv. Comm'n, 92 Nev. 48, 57, 546 P.2d 219, 224–25 (1976) ; cf. State of Nevada v. Justice Court, 112 Nev. 803, 805 n. 3, 919 P.2d 401, 402 n. 3 (1996). As petitioner failed to first file his petition for writ relief in district court, we
ORDER the petition DENIED.