Sullivan (Keith) v. Dist. Ct. (Warden) ( 2022 )


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  •                         IN THE SUPREME COURT OF THE STATE OF NEVADA
    KEITH WILLIAM SULLIVAN,                                  No. 85075
    Petitioner,
    vs.
    THE SECOND JUDICIAL DISTRICT
    COURT OF THE STATE OF NEVADA,                             MED
    IN AND FOR THE COUNTY OF
    WASHOE,                                                   AUG 1 0 2022
    Respondent,                                              ELIZA2,E1   A, 1:4 ROWN
    REME COURT
    CLERK Oi;
    and
    .ERK
    PERRY RUSSELL, WARDEN,
    Real Party in Interest.
    ORDER DENYING PETITION
    This original pro se postconviction petition for a writ of habeas
    corpus challenges several actions of the district court regarding the
    postconviction petition for a writ of habeas corpus that petitioner filed below
    on November 10, 2021.
    Having considered the petition, we are not persuaded that writ
    relief is warranted, because petitioner has a plain, speedy, and adequate
    legal remedy available to him by way of an appeal from any district court
    order denying his petition in the first instance.        See NRAP 22 ("An
    application for an original writ of habeas corpus should be rnade to the
    appropriate district court. If an application is made to the district court and
    denied, the proper remedy is by appeal from the district court's order
    denying the writ"); see also Pan u. Eighth judicial Dist. Court, 
    120 Nev. 222
    , 224, 
    88 P.3d 840
    , 844 (2004) ("Petitioned] cardies] the burden of
    demonstrating that extraordinary relief is warranted," and writ relief is
    SUPREME COURT
    OF
    NEVADA
    (I/1 I947A                                                                              _2\5-00 g
    proper only when there is no plain, speedy, and adequate remedy at law).1
    Accordingly, we
    ORDER the petition DENIED.
    Parraguirre
    6 3-A   g,e_e_A    ,J                    A4/Zt,(1A--0
    Hardesty                                       Stiglich
    cc:   Keith William Sullivan
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    'Given our disposition here, we deny all of petitioners pending
    motions and additional requests for relief as moot.
    SUPREME COURT
    OF
    NEVADA
    2
    (r) I    A
    

Document Info

Docket Number: 85075

Filed Date: 8/10/2022

Precedential Status: Precedential

Modified Date: 8/17/2022