Irvin v. Masto

IN THE SUPREME COURT OF THE STATE OF NEVADA STEVEN D. IRVIN, No. 69699 Petitioner, vs. CATHERINE CORTEZ MASTO, ATTORNEY GENERAL OF THE STATE FILE OF NEVADA; JAMES WRIGHT, DIRECTOR OF THE NEVADA FEB 0 4 2016 DEPARTMENT OF PUBLIC SAFETY; TRACIE K. LtNDEMAN CLERK OF SUPREME COURT AND PATRICK SAUNDER, BY DEPUTY CLERK SUPERVISOR OF DEPARTMENT OF PUBLIC SAFETY, Respondents. ORDER DENYING PETITION This pro se original petition for a writ of mandamus or prohibition seeks relief from a decision of the Department of Public Safety denying petitioner's request for reconsideration of his Tier-3 sex offender designation. 1 Petitioner may seek review of the Department's decision by filing a petition for judicial review in the appropriate district court. See NRS 233B.130. Because petitioner therefore has an adequate remedy at law, this court's intervention by extraordinary writ is not warranted. See NRS 34.170; NRS 34.330: Kay v. Nunez, 122 Nev. 1100, 1104-05, 146 P.3d 'It appears that NRS 179D.700-.770 were applied in this matter because their 2008 repeal as part of A.B. 579 had been the subject of ongoing litigation and various injunctions precluding the State from enforcing A.B. 579. The most recent injunction was imposed by this court in Does 1-24 v. Eighth Judicial District Court, Docket No. 64890 (Order, May 23, 2014) (extending injunction pending further order of this court). That writ petition recently was resolved in the State's favor, but it appears that the underlying litigation remains pending in the district court. SUPREME COURT OF NEVADA (0) 1947A 1(0 - 031tel 801, 805 (2006) (explaining that where the Legislature has created a right to petition for judicial review of an administrative decision, such a petition is an adequate and speedy legal remedy). We therefore ORDER the petition DENIED. Cherry cc: Steven D. Irvin Attorney General/Carson City 2