JACK JOHNSON III v. THE STATE OF NEVADA (2023)

ORDER DENYING PETITION

This is an original pro se petition for a writ of mandamus and/or prohibition challenging Nevada Department of Corrections’ administrative regulations and prison disciplinary proceedings.

Petitioner was sanctioned by the Southern Desert Correctional Center for providing an impermissibly diluted urine sample. In this petition, petitioner claims that NDOC's Administrative Regulations 707 & 801 “are unconstitutionally vague insofar as the use of the term ‘dilute’ does not provide adequate or requisite notice in order for a person of ordinary intelligence a reasonable opportunity to know what is prohibited and request[s] of this Court to enjoin its enforcement ․ as it relates to the term ‘dilute.’ ”

Because petitioner can challenge prison disciplinary proceedings in a civil rights action, see 42 U.S.C. § 1983, this court's intervention by way of extraordinary relief is not warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 81.8 P.2d 849, 851. (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition).

Therefore, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). Accordingly, we

ORDER the petition DENIED.

Stiglich, C.J.

Cadish, J.

Herndon, J.