IN THE SUPREME COURT OF THE STATE OF NEVADA
BRENDAN R. COENEN, No. 81691
Petitioner,
vs.
THE STATE OF NEVADA; THE
HONORABLE STEVE SISOLAK,
FILED
GOVERNOR; JAMES DZURENDA, OCT 0 2 2020
DIRECTOR; PERRY RUSSELL,
ELIZABETH A. BROWN
WARDEN; AND NEVADA STATE CLERK OF SUPREME COURT
BY S•V
BOARD OF PAROLE DERBY CttRK
COMMISSIONERS,
Res • ondents.
ORDER DENYING PETITION FOR EXTRAORDINARY RELIEF
This original pro se petition for extraordinary relief seeks
petitioner's immediate release from prison as well as the appointment of a
special counselor/master with the authority to appropriately reduce the
prison population so that the Nevada Department of Corrections may
comply with recommendations for sanitation and social distancing.
Petitioner argues that the Nevada Department of Corrections has failed to
address unsanitary conditions in the prison and, as a result, the increased
risk of Covid-19 infection presents a serious threat to both his health, due
to his preexisting health conditions, and that of other prisoners.
For many of the same reasons addressed in Kerkorian v. State,
Docket No. 80917 (Order Denying Petition, April 30, 2020)—including the
presence of fact questions this court is ill-suited to resolve—we deny the
petition. See Round Hill Gen. Imp. Dist. v. Newman,
(1981) (recognizing that "an appellate court is not an
appropriate forum in which to resolve disputed questions of face and
SUPREME COURT
OF
NEVADA
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ghtlireatit
determining that when there are factual issues presented, this court will
not exercise its discretion to entertain a petition for extraordinary relief
even though "important public interests are involved"). Accordingly, we
ORDER the petition DENIED.'
J. J , J.
Hardesty Silver
cc: Brendan R. Coenen
Attorney General/Carson City
lIn light of our decision, we deny petitioner's motion for the
appointment of counsel.
SUPREME ComOF
NEVADA 2
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