Burgess, Jr. (Marshall) v. Warden

• Court: Nevada Supreme Court
• Decided: July 23, 2013
• Docket: 61678
• Status: Unpublished

Opinion

administrative remedies. Rather, had the legislature so intended, it could have included a requirement to exhaust administrative remedies as it did in the context of inmate tort actions. See NRS 41.0322. We therefore conclude that the district court erred in dismissing the petition for failure to exhaust administrative remedies. Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. 2

Hardesty

Parraguirre

2 Thecases relied on by the district court in dismissing the petition were inapposite. Allstate Ins. Co. v. Thorpe, 123 Nev. 565, 170 P.3d 989 (2007), sounded in contract law, while the court in Hittlet v. Police Chief City of Reno, 86 Nev. 672, 474 P.2d 722 (1970), declined to reach the merits of a pretrial habeas petition not because appellant failed to exhaust administrative remedies but rather because he had an adequate legal remedy in the form of a direct appeal.

We have considered all proper person documents filed or received in this matter. We conclude that appellant is only entitled to the relief described herein.

2 cc: Hon. Gary Fairman, District Judge Marshall Burgess, Jr. Attorney General/Carson City White Pine County Clerk