ELJWAIDI v. NEVEN (2018)

Supreme Court of Nevada.

Jean Marc ELJWAIDI, a/k/a Jamal Eljwaidi, Petitioner, v. Dwight NEVEN, Warden of Casa Grande Transitional Housing; James Dzurenda, Director of Nevada Department of Corrections; and Dwayne Deal, Director for Offender Management Division, Respondents.

No. 74521

Decided: January 10, 2018

Law Office of Kristina Wildeveld Attorney General/Carson City

ORDER DENYING PETITION

This is a petition for a writ of mandamus seeking an order directing respondents to admit petitioner to the 317 program for residential confinement. Petitioner argues that he qualifies for placement in the program and that he was denied without explanation.

We decline to exercise original jurisdiction in this matter. See NRS 34.160. Whether petitioner is eligible for the program involves issues of fact that should be litigated in the district court in the first instance. Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981). Accordingly, we

ORDER the petition DENIED.

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