Dial (Cedric) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

CEDRIC ALAN DIAL, No. 71394 Petitioner, vs. THE STATE OF NEVADA, FILED Respondent.

NOV 1 7 2016 OWN ORDER DENYING PETITION BY This petition for a writ of mandamus challenges a judgment of conviction. 1 Without deciding upon the merits of any claims raised in the documents submitted in this matter, we decline to exercise our original jurisdiction. See NRS 34.160; NRS 34.170. A challenge to the validity of the judgment of conviction must be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance. NRS 34.724(2)(b); NRS 34.738(1). 2 Accordingly, we ORDER the petition DENIED.

ct_As et_szci Parraguirre

Hardesty

'The motion to waive the filing fee is denied as no filing fee was charged. See NRS 2.250(1)(d)(3).

2 We express no opinion as to whether petitioner could meet the procedural requirements of NRS chapter 34.

SUPREME COURT OF NEVADA

(0) 1947A e cc: Cedric Alan Dial Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA (0) 1947A