Weldon (Hykeem) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA
HYUKEEM TYRESE WELDON, No. 83378
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
FILE
IN AND FOR THE COUNTY OF JAN 1 2 2022
CLARK,
Respondent,
and
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DISMISSING PETITION FOR A WRIT OF MANDAMUS
This is an original pro se petition for a writ of mandamus
seeking to compel action on petitioner's postconviction petition for a writ of
habeas corpus in the district court.
On September 10, 2021, this court entered an order directing
real party in interest, on behalf of respondents, to file and serve an answer,
including authorities, against issuance of the requested writ. Real party in
interest filed an answer on October 4. 2021, wherein it asserted that the
district court had taken action on petitioner's postconviction proceedings
based on an order issued September 24, 2021, and that therefore the
purpose of this petition was moot. This court entered an order directing
Judge Erika D. Ballou to file and serve an answer informing this court
whether the September 24, 2021, order had an effect on the propriety of writ
relief and to explain the delay in the proceedings. Judge Ballou filed an
answer on December 28, 2021, where she informed this court that the
SOMME COURT
OF
postconviction proceedings had been delayed because the Department
NEVADA
inadvertently overlooked the filing when it was transferred and was
unaware of the petition and motion until this writ petition was filed. She
informed this court that a hearing had been set for January 4, 2021 and
asserted that therefore this writ petition was now moot.
It appears that this court is no longer able to grant the relief
petitioner requested, as it has been effectuated by the district court, and we
thus dismiss the instant petition as moot. See Personhood Nev. v. Bristol,
126 Nev 599, 602, 245 P.3d 572, 574 (2010) (holding that a case that initially
presents a live controversy may be rendered moot by subsequent events).
It is so ORDERED.
.J.
P rraguirre
,J 41,JAC:44-.0 , J.
Hardesty Stiglich
cc: Hon. Erika D. Ballou, District Judge
Hyukeem Tyrese Weldon
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
(0) I947A 44100
9.
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