Opinion
No. 76127
07-31-2018
MAURICE LAMAR SMITH, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and BRIAN WILLIAMS, WARDEN, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges the application of credits Maruice Lamar Smith has earned pursuant to NRS 209.4465. This is a challenge to the computation of time that Smith has served pursuant to his judgment of conviction.
We have considered the petition and, without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction in this matter. See NRS 34.160; NRS 34.170; NRAP 21(b)(1); 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 NRS 34.738(1). Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Maurice Lamar Smith
Attorney General/Carson City
Eighth District Court Clerk