Opinion
No. 75993
07-17-2018
LUIS FERMIN HERRERA, Petitioner, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND BRIAN WILLIAMS, WARDEN, Respondents.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus and/or prohibition challenging the computation of time Luis Fermin Herrera has served. Herrera asserts he is entitled to have credit applied to his minimum term pursuant to NRS 209.4465.
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; NRS 34.320; 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: Luis Fermin Herrera
Attorney General/Carson City
Eighth District Court Clerk