Crutcher v. McDaniel

• Court: Nevada Supreme Court
• Decided: September 16, 2016
• Docket: 70725
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BYRON ELROY CRUTCHER, No. 70725 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED WASHOE, SEP 1 6 2016 Respondent, and E.K. MCDANIEL; AND JAMES DUURENDA, DIRECTOR NEVADA DEPARTMENT OF CORRECTIONS, Real Parties in Interest.

ORDER DENYING PETITION This is a pro se petition for a writ of mandamus challenging the decision of the Nevada Department of Corrections to not place petitioner in transitional housing. Petitioner complains that the district court erred in denying a petition for a writ of mandamus. We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise original jurisdiction in this matter because petitioner had an adequate remedy—an appeal from the district court's order. See NRS 34.160; NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 223, 88 P.3d 840, 841 (2004) ("[A]n appeal is generally an adequate legal remedy that

SUPREME COURT OF NEVADA

(0) 1947A e precludes writ relief"); Ashokan v. State, Dep't of Ins., 109 Nev. 662, 665, 856 P.2d 244, 246 (1993) (holding this court has jurisdiction over appeal from order denying extraordinary petitions). Accordingly, we ORDER the petition DENIED.

acri , C.J. Parraguirre

tkeC i Hardesty

Pideu , J. Pickering

cc: Byron Elroy Crutcher Attorney General/Carson City Washoe District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A c4984(o