Opinion
No. 58578.
07-14-2011
Leroy COLLINS, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, In and for the COUNTY OF CLARK; and the Honorable Douglas Smith, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
The Law Office of Dan M. Winder, P.C. Attorney General/Carson City Clark County District Attorney
The Law Office of Dan M. Winder, P.C.
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges an order denying a petition for a writ of habeas corpus in which petitioner challenged the Nevada Department of Corrections' application of his sentences. Specifically, petitioner argues that the district court violated his due process rights by dismissing his petition without notice and an evidentiary hearing as directed by this court. Having considered the petition and supporting documents, we conclude that petitioner has a plain, speedy and adequate remedy in the ordinary course of law, see NRS 34.170. In particular, petitioner has an appeal pending in this court from the order challenged in this original writ petition. Collins v. State, No. 57780. In that petition, petitioner may challenge the district court's interlocutory rulings related to his habeas corpus petition. See NRS 177.045. Therefore our intervention by way of extraordinary writ is not warranted. Accordingly, we deny the petition. See NRAP 21(b).
It is so ORDERED.