MCGUIRE v. The State of Nevada, Real Party in Interest. (2024)

ORDER DENYING MANDAMUS PETITION

This is an original pro se petition for a writ of mandamus asking this court to vacate petitioner's conviction and transfer him to the custody of the Wyoming Department of Corrections to serve the rest of his Wyoming sentence.

Petitioner pleaded guilty in 2021 to battery by a prisoner with the use of a deadly weapon resulting in substantial bodily harm and was sentenced to serve a prison term of 60-150 months to run consecutively to the sentence he was already serving. In this petition, petitioner, among other things, challenges the validity of his guilty plea, conviction, and sentence, raises ineffective-assistance-of-counsel claims (current and former), and claims that he is being denied access to the courts.

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.