Opinion
No. 76346-COA
12-19-2018
KEVIN DEVON SUTTON, 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
This original petition for a writ of mandamus seeks an order directing the district court to resolve Kevin Devon Sutton's postconviction petition for a writ of habeas corpus that was filed on May 6, 2017, in district court case number 96C139518. We have considered the petition, and we are not satisfied this court's intervention by way of extraordinary writ is warranted at this time. See NRS 34.160. We note Sutton has an appeal from an order denying a different postconviction petition for a writ of habeas corpus pending in Docket No. 75988. The documents filed in Docket No. 75988 indicate that on July 17, 2018, the district court denied the postconviction petition Sutton is asking to have resolved. Accordingly, we
It does not appear the district court has entered a written order denying the petition, and Sutton does not have an appeal pending from the denial of that petition. Although Sutton filed a notice of appeal on August 21, 2018, because the notice of appeal indicated Sutton was appealing from an order entered on May 10, 2018, that notice of appeal was filed in the appeal pending in Docket No. 75988. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Joe Hardy, District Judge
Kevin Devon Sutton
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk