Opinion
No. 72902
06-14-2017
LEONARD MICHAEL SIMONS, Petitioner, v. BRIAN WILLIAMS, SR., WARDEN, Respondent.
cc: Leonard Michael Simons Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
ORDER DENYING PETITION
Leonard Michael Simons petitions this court to direct the Nevada Department of Corrections to apply credits to his minimum term under NRS 209.4465(7)(b).
Simons has identified this matter as an appeal, however, he has not identified an order that he is attempting to appeal from. Because of this and the relief sought, we construe this matter as a petition for extraordinary relief. --------
We have considered the petition on file herein, and we are not satisfied this court's intervention by way of extraordinary writ is warranted at this time. Accordingly, without deciding upon the merits of any claims raised therein, we deny the petition. See NRAP 21(b); 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."). Challenges to the computation of time served should be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance. NRS 34.724(2)(c); NRS 34.738(1), Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Leonard Michael Simons
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk