IN THE SUPREME COURT OF THE STATE OF NEVADA

DORION DANIEL, No. 71812 Petitioner, vs. THE ELEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF PERSHING, DEC 1 6 2016 Respondent. EL -ETH BR 'INN -, BY I LI I L alrr ltaff./

ORDER DENYING PETITION This original petition seeks a writ of mandamus directing the respondent district court to order an answer or enter a decision as to •

petitioner's pending postconviction petition for a writ of habeas corpus.

Petitioner alleges that he filed a petition in the Eighth Judicial District Court in 2013 that was transferred in 2015 to the judicial district where he is incarcerated because the petition challenges the computation of time served, see NRS 34.738, ending up first in the Sixth Judicial District Court and then the respondent Eleventh Judicial District Court, and that petitioner most recently filed an amended supplement to the petition in September 2016. Petitioner has not, however, provided an appendix including the relevant parts of the record before the respondent court as required by NRAP 21(a)(4). Accordingly, petitioner has not carried his

SUPREME COUFF1 OF NEVADA

(0) 1947A Qe burden of demonstrating that extraordinary relief is warranted.' See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228-29, 88 P.3d 840, 844 (2004). We therefore ORDER the petition DENIED. 2

J.

Gibbons

cc: Hon. Jim C. Shirley, District Judge Dorion Daniel Attorney General/Carson City Pershing County Clerk

"If the proceedings in district court are as petitioner represents, we expect that respondent will resolve the pending petition as expeditiously as the circumstances and its calendar permit.

Because no filing fee was charged in this matter, 2 see NRS 2.250(1)(d)(3), we deny the motion to waive the fee as moot.

SUPREME COURT OF NEVADA (0) 1941A