Washington v. Nev. Dept. of Corrections

available, however, when an adequate and speedy legal remedy exists. Pan v. Dist. Ct., 120 Nev. 222, 224, 88 P.3d 840, 841 (2004).

A review of appellant's proper person appeal statement and the appellate record reveals that the district court did not abuse its discretion in denying appellant's writ petition. City of Reno, 119 Nev. at 58, 63 P.3d at 1148. Namely, the district court determined that appellant had an adequate and speedy legal remedy in the form of a 42 U.S.C. § 1983 action. Pan, 120 Nev. at 224, 88 P.3d at 841. Moreover, the district court determined that evidence supported the disciplinary action taken against appellant and that, as such, respondent did not arbitrarily or capriciously exercise its discretion. NRS 34.160; International Game Tech., 124 Nev. at 197, 179 P.3d at 558. Accordingly, we ORDER the judgment of the district court AFFIRMED.

Gibbons cc: Hon. James Todd Russell, District Judge

Bernard Washington

Attorney General/Carson City

Carson City Clerk

SUPREME COURT

OF

NEVADA

(0) 1947A