Opinion
No. 77300-COA
02-13-2019
BRIAN KERRY O'KEEFE, Petitioner, v. NEVADA BOARD OF PAROLE COMMISSIONERS; CHRISTOPHER DERRICO, CHAIRMAN; AND DARLA FOLEY, EXECUTIVE SECRETARY, Respondents.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges the Nevada Board of Parole Commissioners' denial of parole for Brian Kerry O'Keefe. O'Keefe asserts the Board applied an inapplicable aggravating factor when considering him for parole and relied upon that aggravating factor when denying him parole. O'Keefe seeks an order directing the Board to reverse and vacate its order denying parole and directing the Board to conduct a new parole hearing. We are not satisfied this court's intervention by way of extraordinary relief is warranted at this time. Because O'Keefe's claim involves issues of fact, he should seek relief in the district court in the first instance. See Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981). Accordingly, we
ORDER the petition DENIED.
/s/_________, A.C.J.
Douglas /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Brian Kerry O'Keefe
Attorney General/Dep't of Publie Safety/Carson City