IN THE SUPREME COURT OF THE STATE OF NEVADA

RENARD TRUMAN POLK, No. 65972 Petitioner, vs. NEVADA BOARD OF PRISON COMMISSIONERS; ROBERT FILED LEGRAND, WARDEN; AND VALERIE OLIVAS, NOV 1 4 2014 Respondents. TRACIE K. LINDEMAN 0:.ERK OF SUPREME COURT DEPLIT C

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This is an original proper person petition for a writ of mandamus challenging the denial of petitioner's grievance by respondents.

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; Int'l 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 Din.

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 Din. 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 M9414 19-37 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.

J.

Hardesty

, J.

J.

cc: Renard Truman Polk Attorney General/Carson City

SUPREME COURT OF NEVADA (0) 1947A c0S1j.