Nevada Supreme Court, 2016

Costantino (Derek) v. Dist. Ct. (State)

Costantino (Derek) v. Dist. Ct. (State)
Nevada Supreme Court · Decided June 16, 2016

Costantino (Derek) v. Dist. Ct. (State)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEREK ANTHONY COSTANTINO, No. 70132 Petitioner, vs. THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF WHITE JUN 1 6 2016 PINE; AND THE HONORABLE STEVE L. DOBRESCU, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This is a pro se petition for a writ of mandamus seeking an order directing the district court to reverse its decision to dismiss a postconviction petition for a writ of habeas corpus. Without deciding upon the merits of any claims raised in the documents submitted in this matter, we decline to exercise our original jurisdiction because petitioner's adequate legal remedy is by way of an appeal. See NRS 34.170; see also NRS 34.575(1). Accordingly, we ORDER the petition DENIED.

J. J.

Gibbons

SUPREME COURT Of NEVADA

(0) I947A kp- IB95(6 cc: Hon. Steve L. Dobrescu, District Judge Derek Anthony Costantino Attorney General/Carson City White Pine County District Attorney White Pine County Clerk

SUPREME COURT OF NEVADA (0) 1947A e

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