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McCutchen v. Williams

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 14, 2018
No. 76640 (Nev. App. Sep. 14, 2018)

Opinion

No. 76640

09-14-2018

MICHAEL ALLEN MCCUTCHEN, Petitioner, v. BRIAN WILLIAMS, WARDEN, Respondent.


ORDER DENYING PETITION

This original petition for a writ of mandamus seeks an order directing respondent to recalculate and apply statutory credit to both Michael Allen McCutchen's minimum and maximum sentence and to provide proof of such recalculation and application. We have considered the petition, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction in this matter. See NRS 34.160; NRS 34.170; 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 in 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: Michael Allen McCutchen

Attorney General/Carson City


Summaries of

McCutchen v. Williams

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 14, 2018
No. 76640 (Nev. App. Sep. 14, 2018)
Case details for

McCutchen v. Williams

Case Details

Full title:MICHAEL ALLEN MCCUTCHEN, Petitioner, v. BRIAN WILLIAMS, WARDEN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 14, 2018

Citations

No. 76640 (Nev. App. Sep. 14, 2018)