Powell, Ii (Richard) Vs. Dist. Ct. (Warden)

No. 79z158

IN THE SUPREME COURT OF THE STATE OF NEVADA

RICHARD FREDERICK POWELL, III, No. 79172 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE ERIC

FILED JOHNSON, DISTRICT JUDGE, SEP 0 5 2019 Respondents,

EUZASETH A. BROWN and CLERK OF SUPREME COURT BY C' RENEE BAKER, WARDEN,; AND THE DEP STATE OF NEVADA,

Real Parties in Interest.

ORDER GRANTING PETITION FOR REHEARING AND •VACATING ORDER DENYING PETITION

Having considered the petition for rehearing, we have determined that rehearing of the matter is warranted. Accordingly, we vacate the Order Denying Petition, entered on August 8, 2019, and we grant the petition for rehearing and submit this matter for decision on rehearing without further briefing or oral argument. See NRAP 40(e). We further direct the clerk of this court to administratively close Docket No. 79458, which was filed as a new petition for a writ of mandamus or prohibition, and file petitioner's second supplemental petition for a writ of mandamus or writ of prohibition, and motion to iq 3110to strike, in this docket. We further direct the clerk of this court to file this order in Docket No. 79458.

It is so ordered.

Gibbons

Pieleudy , J.

Pickering Hardesty cc: Hon. Eric Johnson, District Judge Richard Frederick Powell, III Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

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