Opinion
No. 69699
02-04-2016
STEVEN D. IRVIN, Petitioner, v. CATHERINE CORTEZ MASTO, ATTORNEY GENERAL OF THE STATE OF NEVADA; JAMES WRIGHT, DIRECTOR OF THE NEVADA DEPARTMENT OF PUBLIC SAFETY; AND PATRICK SAUNDER, SUPERVISOR OF DEPARTMENT OF PUBLIC SAFETY, Respondents.
cc: Steven D. Irvin Attorney General/Carson City
ORDER DENYING PETITION
This pro se original petition for a writ of mandamus or prohibition seeks relief from a decision of the Department of Public Safety denying petitioner's request for reconsideration of his Tier-3 sex offender designation. Petitioner may seek review of the Department's decision by filing a petition for judicial review in the appropriate district court. See NRS 233B.130. Because petitioner therefore has an adequate remedy at law, this court's intervention by extraordinary writ is not warranted. See NRS 34.170; NRS 34.330: Kay v. Nunez, 122 Nev. 1100, 1104-05, 146 P.3d 801, 805 (2006) (explaining that where the Legislature has created a right to petition for judicial review of an administrative decision, such a petition is an adequate and speedy legal remedy). We therefore
It appears that NRS 179D.700-.770 were applied in this matter because their 2008 repeal as part of A.B. 579 had been the subject of ongoing litigation and various injunctions precluding the State from enforcing A.B. 579. The most recent injunction was imposed by this court in Does 1-24 v. Eighth Judicial District Court, Docket No. 64890 (Order, May 23, 2014) (extending injunction pending further order of this court). That writ petition recently was resolved in the State's favor, but it appears that the underlying litigation remains pending in the district court. --------
ORDER the petition DENIED.
/s/_________, J.
Douglas /s/_________, J.
Cherry /s/_________, J.
Gibbons cc: Steven D. Irvin
Attorney General/Carson City