Opinion
No. 75509
05-22-2018
PETER ANTHONY ANDRADE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus seeks an order directing the State to apply 20 statutory days of credit per month to Peter Anthony Andrade's minimum and maximum prison terms pursuant to NRS 209.4465.
We have considered the petition, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction. 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 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: Peter Anthony Andrade
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk