From Casetext: Smarter Legal Research

Gernert v. The Eleventh Judicial Dist. Court of the State

Court of Appeals of Nevada
Nov 17, 2022
No. 85166-COA (Nev. App. Nov. 17, 2022)

Opinion

85166-COA

11-17-2022

JACK MICHAEL GERNERT, Petitioner, v. THE ELEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF MINERAL, Respondent.


UNPUBLISHED OPINION

ORDER DISMISSING PETITION

In this original pro se petition for a writ of mandamus, Jack Michael Gernert seeks an order directing the clerk of the Eleventh Judicial District Court to file Gernert's postconviction habeas petition.

On September 13, 2022, we ordered the State to file an answer to Gernert's petition. The State informs this court that the clerk has since filed Gernert's postconviction petition and argues the instant petition is now moot. Having reviewed the State's response and the file-stamped copy of Gernert's postconviction petition that the State included with its response, we agree that the issue presented in this petition for a writ of mandamus is now moot, and this court's intervention by way of extraordinary relief is not warranted. See Nat'l Collegiate Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981). Accordingly, we

ORDER the petition DISMISSED.

Gibbons, C.J., Tao, J., Bulla, J.


Summaries of

Gernert v. The Eleventh Judicial Dist. Court of the State

Court of Appeals of Nevada
Nov 17, 2022
No. 85166-COA (Nev. App. Nov. 17, 2022)
Case details for

Gernert v. The Eleventh Judicial Dist. Court of the State

Case Details

Full title:JACK MICHAEL GERNERT, Petitioner, v. THE ELEVENTH JUDICIAL DISTRICT COURT…

Court:Court of Appeals of Nevada

Date published: Nov 17, 2022

Citations

No. 85166-COA (Nev. App. Nov. 17, 2022)