DAMON SAMERI CHANEY v. NEVADA DEPARTMENT OF CORRECTIONS (2023)

Supreme Court of Nevada.

DAMON SAMERI CHANEY, Petitioner, v. NEVADA DEPARTMENT OF CORRECTIONS, Respondent.

No. 85861

Decided: January 05, 2023

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original petition for a writ of mandamus seeks a writ directing the Nevada Department of Corrections to immediately release petitioner, or backdate petitioner's time of incarceration, based on petitioner's alleged incorrect classification as a medium security prisoner, due to a parole and probation hold, which petitioner contends impacted his release date.

Petitioner failed to include with his petition any necessary documentation supporting his request for relief. NRAP 21(a)(4) (petitioner must provide all documents essential to understand the matters set forth in the petition).

Further, a challenge to the computation of time served must be raised in a post-conviction petition for a writ of habeas corpus filed in the district court in the first instance. NRS 34.724(2)(c); NRS 34.738(1). Accordingly, we are unable to further consider this petition, and we ORDER the petition DENIED.

Stiglich, C.J.

Cadish, J.

Parraguirre, J.

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