GEROLD CENTENO v. THE STATE OF NEVADA (2024)

ORDER DENYING MANDAMUS PETITION

This is an original pro se petition for a writ of mandamus asking “this court to assure [petitioner] receives judicial fairness” with regard to his habeas petition filed in the district court.

In the underlying case, petitioner entered an Alford plea in 2020 to attempted sexual assault of a minor under 14 years of age and attempted lewdness with a child under the age of 14 and was sentenced to serve consecutive prison terms totaling 12-30 years in the aggregate. In Docket No. 88688, petitioner has a pending appeal from the denial of his habeas petition. In that case, this court noted in an order filed 6/12/24 that the district court orally denied petitioner's habeas petition on 4/9/24 and directed the district court to enter a written order and transmit it to this court within 60 days.

Having considered the petition and documents submitted by petitioner, we are not convinced that our extraordinary and discretionary intervention is warranted at this time. Pan v. Eighth Jud. Dist. Ct., 120 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 Jud. Dist. Ct., 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). 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.

Cadish, C.J.

Stiglich, J.

Herndon, J.