Opinion
No. 73438
08-17-2017
LAVERN CHARLES FASTHORSE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ELISSA F. CADISH, DISTRICT JUDGE, Respondents, and JAMES DZURENDA, DIRECTOR; AND JO GENTRY, SDCC WARDEN, Real Parties in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus seeks an order directing petitioner's sentence to be adjusted to provide petitioner with additional statutory credits under NRS 209.4465(7)(b). We conclude this court's intervention by way of an extraordinary writ is not warranted because petitioner has a plain, speedy, and adequate remedy for challenging the application of credit to his sentence. NRS 34.160; NRS 34.170. Specifically, a postconviction petition filed in the district court for the county in which the petitioner is incarcerated "is 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, without considering the merit of the claim raised, we
To the extent petitioner requests the order transferring this matter to this court to be vacated, the request is denied. See NRAP 17(d). --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Elissa F. Cadish, District Judge
Lavern Charles Fasthorse
Attorney General/Carson City
Eighth District Court Clerk