Nevada Supreme Court, 2019

Flores (Pedro) v. Warden

Flores (Pedro) v. Warden
Nevada Supreme Court · Decided April 3, 2019

Flores (Pedro) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

P EDRO FLORES, No. 78421 Petitioner, vs. BRIAN WILLIAMS, WARDEN, HIGH DESERT STATE PRISON; OFFENDER MANAGEMENTIDIVI S O.N; AND THE STATE OF NEVADA, Respondents.

ORDER DISMISSING PETITION This pro se petition seeks a writ of habeas corpus directing the warden of the institution in which petitioner is incarcerated to apply credits petitioner has earned under NRS 209.4465 to petitioner's minimum sentence. That relief must be sought in the district court in the first instance. See NRAP 22 (indicating that habeas petitions should be filed in the district court in the first instance); NRS 34. 7380) (providing that a postconviction habeas petition challenging the computation of time served must be filed with the clerk for the district court in the county where the petitioner is incarcerated); Williams v. Neu., Dep't of Corrections, 133 Nev., Adv. Op. 75, 402 P.3d 1260, 1262 (2017) (explaining that a claim that statutory credits a re not being properly applied to an inmate's .minimum sentence is a challenge to the computation of time served that is properly raised in a postponviction 'habeas petition). Because the petition is not properly filed with this court, we dismiss the petition and express no opinion as to its merits. As it appears that petitioner intended to file his petition with the Eighth Judicial District Court but inadvertently filed it with this

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1 I court, we direct the clerk of this court to transmit the petition to the district court clerk for filing.

It is so ORDERED.

Adeu (44 Pickering

j.

Hardesty

cc: Pedro Mores Attorney General/Carson City Eighth District Court Clerk

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