IN THE SUPREME COURT OF THE STATE OF NEVADA
LAWRENCE E. SCHWIGER, No. 84866 Petitioner, vs. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; FILE AND THE STATE OF NEVADA BOARD JUL 13 2022 OF PAROLE COMMISSIONERS, ELIZABETH A. BROWN Respondents. CLERK OF SUPREME COURT BY DEPUTY CLERK ORDER DENYING PETITION
This is an original pro se petition for a writ of mandamus seeking the application of credits to petitioner's parole eligibility date. This court has original jurisdiction to issue writs of mandamus and the issuance of such extraordinary relief is within this court's sole
discretion. See Nev. Const. art. 6, § 4; NRS 34.160; NRS 34.170; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioner bears the burden to show that extraordinary relief is warranted and such relief is proper only when there is no plain, speedy, and adequate remedy at law. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted. The application of credits to petitioner's parole eligibility date is a matter that should be raised in a petition for a writ of mandamus filed in the district court in the first instance so that factual and legal issues are fully developed, giving this court an adequate record to review. See Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981) (recognizing that "an appellate court is not an appropriate forum SUPREME COURT OF NEVADA
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in which to resolve disputed questions of fact"); State v. Cty. of Douglas, 90 Nev. 272, 276-77, 524 P,2d 1271, 1274 (1974) (noting that "this court prefers that such an application [for writ relief] be addressed to the discretion of the appropriate district court" in the first instance), abrogated on other grounds by Cortez Masto v. Gypsum Res., 129 Nev. 23, 33-34, 294 P.3d 404, 410-11 (2013). Petitioner rnay appeal to this court frorn a final decision. Therefore, we decline to exercise our original jurisdiction in this matter. See NRAP 21.(b). Accordingly, we ORDER the petition DENIED.
C.J. Parraguirre
J. Hardesty
Ai;,,sbc,0 Stiglich
cc: Lawrence E. Schwiger Attorney General/Carson City
SUPREME COURT OF NEVADA
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