IN THE SUPREME COURT OF THE STATE OF NEVADA

DEMETRI LAMAR ALEXANDER, No. 71814 Petitioner, vs. THE STATE OF NEVADA, FILED Respondent. DEC 1 6 2016 CLE BY CLF-RK

ORDER DENYING PETITION This petition for a writ of mandamus or prohibition seeks an order releasing petitioner from custody. We conclude that petitioner is not entitled to extraordinary relief for two reasons. First, the issues raised in the petition involve factual disputes that cannot be resolved by this court and therefore must be presented to the district court in the first instance.

See Round Hill Gen. Imp. Din. v. Newman, 97 Nev. 601, 601, 637 P.2d 534, 536 (1981). Second, despite petitioner's assertions to the contrary, the allegations in this petition challenge the validity of petitioner's judgment of conviction, and therefore, they must be raised in a postconviction petition for a writ of habeas corpus filed in the district court. NRS 34.726(2)(b); NRS 34.738(1). Accordingly, we ORDER the petition DENIED.

J.

Douglas Gibbons cc: Demetri Lamar Alexander Attorney General/Carson City SUPREME COURT Clark County District Attorney OF NEVADA Eighth District Court Clerk (0) 1947A ocip;4.