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Lando v. Nev. Dep't of Corr.

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 75091 (Nev. App. May. 15, 2018)

Opinion

No. 75091

05-15-2018

BRIAN LANDO, Petitioner, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Respondent.


ORDER DENYING PETITION

This original petition for a writ of mandamus seeks an order directing the Nevada Department of Corrections to apply statutory credits to Brian Lando's minimum term of imprisonment. 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; 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 also NRS 34.738(1). Accordingly, we

ORDER the petition DENIED.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Brian Lando

Attorney General/Carson City


Summaries of

Lando v. Nev. Dep't of Corr.

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 75091 (Nev. App. May. 15, 2018)
Case details for

Lando v. Nev. Dep't of Corr.

Case Details

Full title:BRIAN LANDO, Petitioner, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 15, 2018

Citations

No. 75091 (Nev. App. May. 15, 2018)