Nevada Supreme Court, 2017

Long, Jr. (Ronnie) v. the Eighth Jud. Dist. Ct.

Long, Jr. (Ronnie) v. the Eighth Jud. Dist. Ct.
Nevada Supreme Court · Decided January 12, 2017

Long, Jr. (Ronnie) v. the Eighth Jud. Dist. Ct.

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RONNIE LONG, JR., No. 71927 Petitioner, vs. FILED THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, JAN 1 2 2017 IN AND FOR THE COUNTY OF CLARK, ELIZABETH A. BROWN CLERK OF SUPREME COURT Respondent. BY "IYl'Y IDEP eldse:b6i"— CLERIC

ORDER DENYING PETITION This original petition seeks a writ of mandamus. Petitioner seems to challenge the district court's decision on a postconviction petition for a writ of habeas corpus.' Our intervention through a writ of mandamus is not warranted because petitioner has an adequate remedy at law—he may appeal from an order denying a postconviction petition for a writ of habeas corpus as provided in NRS 34.575(1). See NRS 34.170 (providing that writ of mandamus is proper only when there is no plain, adequate, and speedy legal remedy); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) ("[T]he right to appeal is 'It is not clear that petitioner has ever filed a postconviction petition for a writ of habeas corpus in the district court. Although he has not provided an appendix containing portions of the district court record necessary for our consideration of the petition, see NRAP 21(a)(4), the petition alleges that he filed a postconviction habeas petition on June 6, 2014. But, the petition also refers to the document filed on that date as an "appeal." Our records indicate that petitioner filed a notice of appeal dated June 6, 2014, from the judgment of conviction. The appeal was then docketed in this court, but we dismissed it for lack of jurisdiction because the notice of appeal was not filed within the 30-day appeal period, as the judgment of conviction had been entered on December 19, 2012. Long v. State, Docket No. 65867 (Order Dismissing Appeal, July 24, 2014).

SUPREME COURT OF NEVADA

(0) 1947A 4ifeti!p -0122 generally an adequate legal remedy that precludes writ relief."). We therefore ORDER the petition DENIED. 2

J.

J.

Gibbons

, J.

Pickering J cc: Hon. Elissa Cadish, District Judge Ronnie Long, Jr. Attorney General/Carson City Eighth District Court Clerk

2 Because no filing fee was charged in this matter, see NRS 2.250(1)(d)(3), we will take no action on the motion to waive the fee.

SUPREME COURT OF NEVADA ( )) 194 7A e sm-a,

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