Johnson
v.
Baca

This case is not covered by Casetext's citator
COURT OF APPEALS OF THE STATE OF NEVADAJul 17, 2018
No. 75880 (Nev. App. Jul. 17, 2018)

No. 75880

07-17-2018

KENNETH JOHNSON, Petitioner, v. ISIDRO BACA, WARDEN; ADAM P. LAXALT, ATTORNEY GENERAL; AND THE STATE OF NEVADA, Respondents.


ORDER DENYING PETITION

This is an original petition for a writ of mandamus challenging the computation of time Kenneth Johnson has served. Johnson appears to assert he is entitled to have credit applied to his minimum term pursuant to NRS 209.4465.

We have considered the petition on file herein, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction in this matter. See NRS 34.160; 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: Kenneth Johnson


Attorney General/Carson City


Carson City Clerk