Opinion
No. 79201-COA
08-21-2019
JAMES EVERETT DUNN, JR., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
In this original petition for a writ of habeas corpus, James Everett Dunn, Jr., alleges he is being illegally detained due to violations of the Interstate Agreement on Detainers. Dunn seeks dismissal of his charges. Dunn's allegations involve issues of fact that should be litigated by way of a petition for a writ of habeas corpus filed in the district court in the first instance. See NRAP 22; Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981). In the event Dunn has already sought and been denied relief in the district court, Dunn's "remedy is by appeal from the district court's order denying the writ." NRAP 22; see also NRS 34.575(1). Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons /s/_________, J.
Tao /s/_________, J.
Bulla cc: James Everett Dunn, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk