Opinion
No. 72072
02-23-2017
PAUL ANTHONY RICE, Petitioner, v. THE SIXTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF HUMBOLDT, Respondent.
cc: Sixth Judicial District Court Paul Anthony Rice Attorney General/Carson City Humboldt County Clerk
ORDER DENYING PETITION
This original petition seeks a writ of mandamus ordering the district court to resolve and/or grant petitioner's petition for a writ of habeas corpus that challenges the application and award of statutory credit. Alternatively, petitioner asks this court to grant his petition and order his statutory credit to be applied to his minimum term. Petitioner filed his petition for a writ of habeas corpus on September 15, 2016, and filed a supplement to the petition and a request for expedited hearing on November 14, 2016. He asserts that to date the respondent district court has not taken any action on the petition or supplement. He argues this court's intervention is necessary because he is scheduled to appear before the parole board in February of 2017 and his appearance before the parole board could render his petition moot.
Based on the petition and documents provided, petitioner has not met his burden of demonstrating our intervention is warranted as the relief he seeks requires the resolution of factual issues. 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."); Round Hill Gen. Imp. Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (explaining when mandamus relief is available and that "an appellate court is not an appropriate forum in which to resolve disputed questions of fact"). Accordingly, we
We expect the respondent district court will resolve all pending matters as expeditiously as its calendar permits. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Sixth Judicial District Court
Paul Anthony Rice
Attorney General/Carson City
Humboldt County Clerk