IN THE SUPREME COURT OF THE STATE OF NEVADA
JOHNNY BROCK, No, 81909
Petitioner,
vs.
THE STATE OF NEVADA,
FILED
Respondent. OCT 2 3 2020
ORDER DENYING PETITION
This original pro se petition seeks a writ of mandamus to
compel a determination that he is eligible for parole. Having considered the
petition, we are not persuaded that our extraordinary intervention is
warranted. See NRS 34.170; Pan v. Eighth Judicial Dist. Court,
(2004) (noting that a writ of mandamus is proper
only when there is no plain, speedy, and adequate remedy at law and
explaining that petitioner bears the burden of demonstrating that writ
relief is warranted). Petitioner has not provided this court with a copy of a
district court order denying him writ relief in the first instance. See NRAP
21(a)(4) (providing the petitioner shall submit an appendix containing all
documents "essential to understand the matters set forth in the petition").
Even assuming that the relief sought here could be properly
obtained through a petition for writ relief, any application for such 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. 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
determining that when there are factual issues presented, this court will
_ .(.1001.1
20
, • ,
not exercise its discretion to entertain a petition for extraordinary relief
even though "irnportant public interests are involved"); State v. Cty. of
Douglas,
(1974) (noting that "this
court prefers that such an application [for writ relief] be addressed to the
discretion of the appropriate district coure in the first instance), abrogated
on other grounds by Attorney Gen. v. Gypsum Res.,
(2013). Accordingly, we
ORDER the petition DENIED.
Pickering
/ A,, , J.
Hardesty Silver
cc: Johnny Brock
Attorney General/Carson City
SUPREME COURT
OF
NEVADA
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