Hosmer (Jeffrey) v. State

• Court: Nevada Supreme Court
• Decided: January 12, 2017
• Docket: 71878
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JEFFREY HOSMER, No. 71878 Petitioner, vs. THE STATE OF NEVADA; AND WARDEN, ELY STATE PRISON, Respondents. FILED JAN 1 2 2017 ELIZABETH A. BROWN CLERK OF SUPREME COURT OY---a*S-CcIbegir DEPUTY CLERK

ORDER DENYING PETITION Petitioner Jeffrey Hosmer has filed a postconviction petition for a writ of habeas corpus. We decline to entertain the petition as it must be filed in the district court in the first instance. See NRAP 22; NRS 34.738. To the extent that the petition challenges a district court decision on a postconviction petition for a writ of habeas corpus, such a decision is appealable, NRS 34.575(1), and petitioner cannot seek writ relief in this court to correct the failure to pursue an appeal, see Pan v. Eighth Judicial Dist. Court, 120 Nev. 220, 224-225, 88 P.3d 840, 841 (2004) (explaining in context of writ of mandamus that "writ relief is not available to correct an untimely notice of appeal"); NRAP 22 ("If an application [for habeas relief]

SUPREME COURT OF NEVADA

(0) 1947A e0 17- 01205 MINI111111na is made to the district court and denied, the proper remedy is by appeal from the district court's order denying the writ."). Accordingly, we ORDER the petition DENIED."

J.

J. Gibbons

Pickering

cc: Jeffrey Hosmer Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'The motion to extend the prison copywork limit is denied as moot.

SUPREME COURT OF NEVADA 2 (0) 19474 ce