Nevada Supreme Court, 2016

Bacon v. State, Dept. of Corrections

Bacon v. State, Dept. of Corrections
Nevada Supreme Court · Decided September 30, 2016

Bacon v. State, Dept. of Corrections

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

PERCY LAVAE BACON, No. 64883 Petitioner, vs. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, FILED Respondent.

SEP 3 0 2016 TRACfE K. LINDEMAN CLERK )F S PREME COURT BY DEPUTY CLERK

ORDER DISMISSING PETITION This is an original pro se petition for a writ of certiorari challenging a justice court's dismissal of petitioner's "small claims complaint" without prejudice because petitioner "failed to prove that the Nevada Department of Corrections administrative grievance was effectively unavailab]e to this petitioner prior to the filing of this small claims complaint, due to thefl actual threat of retaliation administered by [a] grievance coordinator." This court previously entered an order restricting petitioner's right to file pro se writ petitions without payment of the filing fee. Bacon v. Eighth Judicial District Court, Docket No. 58414 (Order Declaring Petitioner a Vexatious Litigant and Restricting Filing Privileges, April 25,2012). Subsequently, this court filed an order in the current case directing petitioner to comply with the requirements set forth in our April 25,2012, order to obtain leave to proceed in forma pauperis.

Specifically, petitioner did not file a motion for leave to file the petition for writ of certiorari. Petitioner was advised that the failure to comply with SUPREME COURT OF NEVADA (0) 1947A mtep - 3os 7 7 that requirement within 10 days would result in the dismissal of this matter. To date, petitioner has not complied with the order. Accordingly, we ORDER the petition DISMISSED.

P -OAA- 44.atievos.. -- 4 Parr aguirre 1/4) • Th ---, ■ . C. J.

A-4.2N J.

Hardesty Pickering

cc: Percy Lavae Bacon Attorney General/Carson City Eighth District Court Clerk

SUPREME COURT OF NEVADA (01 1947A e

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