Opinion
No. 79619-COA
11-27-2019
DUSTON MILLER, A/K/A DUSTIN MILLER, 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 mandamus, Duston Miller seeks an order directing the district court to (1) comply with its December 24, 2018, order granting Miller's request for copies of his trial and sentencing transcripts and provide him with copies of those transcripts; and (2) enforce its June 11, 2018, and February 27, 2019, orders directing Miller's former counsel to provide Miller with a copy of his case file. We directed respondent to file an answer.
Respondent has demonstrated that Miller's first issue has been resolved because copies of the transcripts have now been provided to Miller. Respondent has also demonstrated that it has addressed Miller's second issue by issuing an order to show cause to Miller's former counsel. In light of respondent's answer and accompanying documents, we conclude this court's intervention by way of extraordinary writ is not warranted at this time. See NRS 34.160. Therefore, we
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Kathleen E. Delaney, District Judge
Duston Miller
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk