Gibbs, Jr. (Ernest) v. Dist. Ct. (Warden) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA ERNEST CHARLES GIBBS, JR., No. 70080 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, FILED and MAY 0 9 2016 BRIAN E. WILLIAMS, SR., WARDEN; TRACIE K. UNDFMAN CLERK OF SUPREME COURT AND THE STATE OF NEVADA, BY Real Parties in Interest. DEPUTY CLERK ORDER DENYING PETITION This is a pro se petition for a writ of mandamus. Petitioner challenges the computation of time served and asks this court to order the Nevada Department of Corrections to properly apply statutory credits to his sentence. Without deciding upon the merits of any claims raised in the documents submitted in this matter, we decline to exercise our original jurisdiction. See NRS 34.160; NRS 34.170. A challenge to the computation of time served must be raised in a postconviction petition for SUPREME COURT OF NEVADA (0) 1947A 00-14375. a writ of habeas corpus filed in the district court in the first instance.' NRS 34.724(2)(c); NRS 34.738(1); NRAP 22. Accordingly, we ORDER the petition DENIED. J. Saitta AO& Pickering cc: Ernest Charles Gibbs, Jr. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk 1 We express no opinion as to whether petitioner could meet the procedural requirements of NRS chapter 34. SUPREME COURT OF NEVADA 2 (0) )947A