Polk v. Nev. Dept. of Corrections

Here, petitioner has not provided this court with a copy of the challenged administrative order, which the petition implies denied his emergency grievance regarding prison water supplies, or any other supporting documents. Pan, 120 Nev. at 228, 88 P.3d at 844; see NRAP 21(a)(4) (stating that an appendix accompanying a petition for extraordinary relief shall include all documents "essential to understand the matters set forth in the petition"). Moreover, even assuming that the relief sought here could be properly obtained through a petition for extraordinary writ relief, any such application for relief should be made to the district court in the first instance so that factual and legal issues are fully developed, giving this court an adequate record to review. State v. Cnty. of Douglas, 90 Nev. 272, 276-77, 524 P.2d 1271, 1274 (1974) (noting that "this court prefers that such an application [for extraordinary relief] be addressed to the discretion of the appropriate district court" in the first instance); Round Hill Gen. Improvement Dist., 97 Nev. at 604, 637 P.2d at 536 (noting that when factual, rather than legal, issues are presented, this court will not exercise its discretion to consider an original extraordinary writ petition). Accordingly, we decline to exercise our discretion to consider this petition, see Smith, 107 Nev. at 677, 818 P.2d at 851, and we therefore deny the petition. NRAP 21(b)(1). It is so ORDERED.

Hardesty

cc: Renard Truman Polk Attorney General/Carson City SUPREME COURT OF NEVADA 2 (0) 1947A