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JOSEPH DWAINE DOWNING, JR., Petitioner, v. BRIAN WILLIAMS, WARDEN; JOSHUA WIKOFF, CORRECTIONAL OFFICER; JULIE WILLIAMS, WARDEN; JAMES SCALLY, WARDEN; AND NEVADA PAROLE COMMISSIONERS, Respondents, THE STATE OF NEVADA; N.D.O.C.; AND OFFENDER MANAGEMENT DIVISION, Real Parties in Interest.
ORDER DENYING PETITION
This is an original pro se petition for a writ of mandamus or prohibition asking this court to order the Parole Board to conduct an immediate parole hearing in light of petitioner's newly amended judgment of conviction. Alternatively, petitioner asks this court to order his release.
Having considered the petition and supporting documents, we are not convinced that our extraordinary and discretionary intervention is warranted. NRS 34.170; Pan v. Eighth Judicial Dist. Court, 1.20 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing that such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 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). Thus, as petitioner has failed to demonstrate that our intervention by extraordinary writ is warranted, 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.
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Docket No: No. 87355
Decided: October 30, 2023
Court: Supreme Court of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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