Opinion
OP 23-0241
06-13-2023
ALEX C. SMITH, Petitioner, v. EIGHTH JUDICIAL DISTRICT COURT, HON. JOHN PARKER, Presiding, Respondent.
ORDER
Self-represented Petitioner Alex C. Smith has filed a petition for rehearing, pointing out that his petition for postconviction relief was filed in his underlying criminal case and not his pending civil case, as this Court referenced. He requests that this Court reconsider his writ of supervisory control and that the District Court expedite the review for his pending petition for postconviction relief.
We decline to reconsider Smith's requests. Smith has not advanced any reason for rehearing, pursuant to M. R. App. P. 20(1), to overturn the May 9, 2023 denial of his writ. We, however, will correct our misstatement: Smith does have a pending petition for postconviction relief. Smith also has the remedy of appeal when the District Court issues a final judgment. Accordingly, IT IS ORDERED that Smith's Petition for Rehearing is DENIED.
On January 19, 2023, Smith filed a motion to proceed without paying the filing fee, which the court granted in a new civil case (Cause No. DDV-23-034). On June 1, 2023, Smith submitted his petition for postconviction relief, which was filed under the District Court's cause number for his underlying criminal case (Cause No. DDC-21-589).
The Clerk is directed to provide a copy to counsel of record and to all parties.