IN THE SUPREME COURT OF THE STATE OF NEVADA

JOHN ANTHONY DALY, No. 78311 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA; NDOC; OMD; AND TLVCC, Real Parties in Interest.

ORDER DENYING PETITION This is an original pro se petition for a writ of mandamus in a criminal matter. Having considered the petition, we are not persuaded that our extraordinary and discretionary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Relief, if any, should be sought in the first instance in the district court. Accordingly, we ORDER the petition DENIED.

J.

Hardesty

SUPREME COURT OF NEVADA

(0) 1947A cc: John Anthony Daly Attorney General/Carson City Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A .91e