Mccullough (John) v. Dist. Ct. (State) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
JOHN HAROLD MCCULLOUGH, No. 85048
Petitioner,
vs.
THE ELEVENTH JUDICIAL DISTRICT FILE
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF DEC ß 8 2022
PERSHING; AND THE HONORABLE
STEVEN R. KOSACH, SENIOR JUDGE,
Respondents,
and
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DENYING PETITION
This is an original pro se petition for a writ of mandamus
seeking to compel the district court to comply with NRS 34.830. Petitioner
claims that the district court orally denied his habeas petition in September
2021 but to date has not complied with NRS 34.830 and entered a written
order disposing of the petition. Petitioner attempted to file a notice of
appeal in the district court, dated September 29, 2021, but the district court
erroneously returned petitioner's documents unfiled, stating in a letter that
his notice of appeal was premature because an order denying his petition
had not yet been entered. See NRAP 3(a); Sullivan v. Eighth Judicial Dist.
Court, 111 Nev. 1367, 1369-72, 904 P.2d 1039, 1040-42 (1995) (addressing
the district court clerk's "absolute obligation" to receive and file documents
submitted to them and collecting cases).
On August 15, 2022, we ordered real party in interest, on behalf
of respondents, to file and serve an answer in order to assist this court in
resolving the matter. Both respondents and real party in interest filed
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answers and provided documentation indicating that an order denying
petitioner's habeas petition was entered in March 2022. Real party in
interest also provided documentation indicating that petitioner was served
with a copy of the order on September 6, 2022. We note that in Docket No.
85414, petitioner has now filed in this court a timely appeal from the denial
of his habeas petition. Therefore, it appears that petitioner has received
the relief requested and this petition is moot. See Degraw v. Eighth Judicial
Dist. Court, 134 Nev. 330, 332, 419 P.3d 136, 139 (2018). Accordingly, we
ORDER the petition DENIED I
P44)466.146141.
a.rraguirre
, C.J.
Haidesty—
.41-ekfies -0 J.
Stiglich
cc: Chief Judge, The Eleventh Judicial District Court
Hon. Steven R. Kosach, Senior Judge
John Harold McCullough
Attorney General/Carson City
Pershing County District Attorney
INVe also deny as moot petitioner's pro se motion to supplement the
relief requested.
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