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Martinez v. NDOC

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 75126 (Nev. App. May. 15, 2018)

Opinion

No. 75126

05-15-2018

DAVID MARTINEZ, Petitioner, v. NDOC; AND BRIAN WILLIAMS, WARDEN, Respondents.


ORDER DENYING PETITION

This original petition for a writ of habeas corpus seeks an order directing the Nevada Department of Corrections to apply statutory credits to David Martinez' 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 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: David Martinez

Attorney General/Carson City

Eighth District Court Clerk


Summaries of

Martinez v. NDOC

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 75126 (Nev. App. May. 15, 2018)
Case details for

Martinez v. NDOC

Case Details

Full title:DAVID MARTINEZ, Petitioner, v. NDOC; AND BRIAN WILLIAMS, WARDEN…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 15, 2018

Citations

No. 75126 (Nev. App. May. 15, 2018)