Opinion
No. 72147
07-12-2017
CURTIS LUNDY DOWNING, Appellant, v. BRIAN WILLIAMS, WARDEN; AND THE STATE OF NEVADA, Respondents.
ORDER OF AFFIRMANCE
This is a pro se appeal from an order of the district court denying a petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.
We conclude that a response to the pro se brief is not necessary. NRAP 46A(c). This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(f)(3).
Appellant's petition alleged that the Nevada Revised Statutes are unconstitutional. The district court denied the petition because relief from the judgment of conviction was improperly sought in an original action. We have reviewed the documents on file with this court and conclude that the district court did not abuse its discretion. See NRS 34.724(2)(a), (b). Appellant further challenged a vexatious litigant determination; however, this challenge should be made in an original petition for a writ of mandamus filed in this court. See Jones v. Eighth Judicial Dist. Court, 130 Nev., Adv. Op. 53, 330 P.3d 475 (2014). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Stiglich cc: Hon. Ronald J. Israel, District Judge
Curtis Lundy Downing
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk