Opinion
No. 68215
07-23-2015
NICHOLAS JAMES WILLING, Petitioner, v. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE; AND THE HONORABLE ROBERT W. LANE, DISTRICT JUDGE, Respondents, and NYE COUNTY DISTRICT ATTORNEY; ANGELA A. BELLO; AND KIRK VITTO, Real Parties in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION
This is a pro se petition for a writ of extraordinary relief. Petitioner seeks a hearing on whether the district court and the Nye County District Attorney's Office are subject to sanctions for having ignored petitioner's "warning" that the Nevada Revised Statutes are invalid because a joint resolution of the Legislature lacks an enacting clause. We decline to exercise original jurisdiction in this matter. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228-29, 88 P. 3d 840, 844 (2004). To the extent petitioner challenges the validity of his judgment of conviction, such claims must 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)(b); NRS 34.738(1). Accordingly, we
We express no opinion as to whether petitioner could meet the procedural requirements of NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Robert W. Lane, District Judge
Nye County District Attorney
Nicholas James Willing
Attorney General/Carson City
Nye County Clerk