IN THE SUPREME COURT OF THE STATE OF NEVADA

RENARD TRUMAN POLK, No. 66017 Petitioner, vs. NEVADA DEPARTMENT OF FILED CORRECTIONS; AND ROBERT NOV 1 4 2014 LEGRAND, WARDEN, TRACE K LINDEMAN Respondents. CLERK OF SUPREME COURT 13Y TY CLERK

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This is an original proper person petition for a writ of mandamus seeking an order directing respondents to grant petitioner's grievance.

A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control an arbitrary or capricious exercise of discretion. NRS 34.160; Intl Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). This court has the discretion to determine whether a writ petition will be considered, Smith v. Eighth Judicial Dist.

Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and petitioner bears the burden of demonstrating that this court's extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Writ relief is typically available only when there is no plain, speedy, and adequate remedy in the ordinary course of law, NRS 34.170, and the right to an appeal is generally an adequate legal remedy precluding writ relief. Pan, 120 Nev. at 224, 88 P.3d at 841.

SUPREME COURT OF NEVADA (0) 1947A - 37to 30 Having considered the petition, we conclude that petitioner has not demonstrated that our intervention by way of extraordinary relief is warranted. Smith, 107 Nev. at 677, 818 P.2d at 851; see also NRAP 21(b)(1). Accordingly, we ORDER the petition DENIED.

tJt de-dtt J.

Hardesty

J.

ak,Aty Cherry

cc: Renard Truman Polk Attorney General/Carson City

SUPREME COURT OF NEVADA (0) I947A ceo