IN THE SUPREME COURT OF THE STATE OF NEVADA

CHARLES DEAN VIOX, No. 71400 Petitioner, vs. THE STATE OF NEVADA, Respondent. FILED DEC 1 5 2016

ORDER DENYING PETITION This is a pro se petition for a writ of prohibition. 1 Petitioner appears to challenge postconviction proceedings and seeks an order removing the jurisdiction of the Fourth Judicial District Court to consider further matters. Petitioner further appears to challenge the jurisdiction of this court. We note that petitioner has an appeal pending in this court from the denial of his postconviction petition for a writ of habeas corpus.

See Viox v. State, Docket No. 71116. Petitioner is represented by counsel in Docket No. 71116 and must proceed by and through his counsel. We decline to consider any issues relating to the postconviction proceedings as they must be raised in that appeal. See NRS 34.170. Finally, petitioner's

'The motion for leave to proceed in forma pauperis is denied as moot.

SUPREME COURT OF NEVADA

(CI) I947A I(0'3geri challenge to this court's jurisdiction is without merit as this court's original and appellate jurisdiction arise from the Nevada Constitution.

See Nev. Const. art. 6, § 4. Accordingly, we ORDER the petition DENIED.

Cherry

r—Do 1-4-41 1 14.-c ,J.

J.

Gibbons

cc: Fourth Judicial District Court, Dept. 1 Hon. Charles McGee, Sr. District Judge Charles Dean Viox Karla Butko, Esq.

Attorney General/Carson City Elko County District Attorney Elko County Clerk

SUPREME COURT OF NEVADA (()) 1947A e