Opinion
No. 75681
07-27-2018
JOSE MANUEL RODRIGUEZ, Petitioner, v. THE STATE OF NEVADA; AND CONNIE S. BISBEE, CHAIR OF PAROLE BOARD, Respondents.
ORDER DENYING PETITION
This original petition for a writ of mandamus seeks an order that directs the Board of Parole Commissioners to reconsider Jose Manuel Rodriguez for parole; prohibits the Board from "ignoring, changing, or disregarding the objective data of results of the STATIC-99"; declares "all arbitrary and capricious distortions of the law of parole" unconstitutional; and finds the holding in Anselmo v. Bisbee, 133 Nev. ___, ___, 693 P.3d 848, 850 (2017), applicable to Rodriguez' case.
We have considered the petition, and we are not satisfied this court's intervention by way of extraordinary writ is warranted at this time. See NRS 34.160; NRS 34.170; 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."). As Rodriguez acknowledges, the claims raised involve issues of fact and he should seek relief in the district court in the first instance. See Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 637 P.2d 534 (1981). Accordingly, without deciding upon the merits of any claims raised, we
To the extent Rodriguez has already sought and been denied such relief in the district court, Rodriguez' remedy is to appeal the district court's denial of the petition. We express no opinion regarding the timeliness of any such appeal. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Jose Manuel Rodriguez
Attorney General/Carson City
Attorney General/Dep't of Public Safety/Carson City
Carson City Clerk