Opinion
No. 85941
02-03-2023
Lon Allen CLARK, Petitioner, v. NEVADA DEPARTMENT OF CORRECTIONS; William A. Gittere, Director Nevada Department of Corrections; and Gabrille Najara, Warden, Respondents.
ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS
This original pro se petition for a writ of habeas corpus alleges that the State introduced evidence of prior irrelevant subject matter and failed to establish probable cause. Petitioner seeks a writ directing Clark County to issue a writ directing the Nevada Department of Corrections to bring petitioner before the district court, ostensibly to address those issues.
Having considered the petition, we are not persuaded that writ relief is warranted because petitioner has a plain, speedy, and adequate remedy available to him by way of an appeal from the district court's denial of such relief in the first instance. See NRAP 22 ("An application for an original writ of habeas corpus should be made to the appropriate district court. If an application is made to the district court and denied, the proper remedy is by appeal from the district court's order denying the writ."); see also Pan v. Eighth Judicial Dist. Court , 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (writ relief is proper only when there is no plain, speedy, and adequate remedy at law). Accordingly, we
Further, regarding petitioner's January 19, 2023, motion to receive county jail credits not awarded, we note that a challenge to the computation of time served must also be raised in a post-conviction petition for a writ of habeas corpus filed in the district court in the first instance. NRS 34.724(2)(c) ; NRS 34.738(1). We therefore deny the motion.