Opinion
No. 74588
03-14-2018
BRIAN KERRY O'KEEFE, Petitioner, v. RENEE BAKER, WARDEN; AND THE STATE OF NEVADA, Respondents.
ORDER DENYING PETITION
This original petition for a writ of habeas corpus seeks an order declaring that Brian Kerry O'Keefe's conviction became final on October 15, 2013, upon the denial of certiorari review by the United States Supreme Court. O'Keefe requests this court to amend the remittitur date for his direct appeal to October 15, 2013, and allow him to reopen his time-barred state postconviction petition for a writ of habeas corpus.
We have considered all documents filed by O'Keefe in this matter. --------
We conclude our intervention by extraordinary writ is not warranted. Initially, we note "[a]n application for an original writ of habeas corpus should be made to the appropriate district court." NRAP 22. Moreover, O'Keefe does not demonstrate he is being illegally imprisoned or restrained of his liberty. See NRS 34.360. Therefore, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Brian Kerry O'Keefe
Attorney General/Carson City