JEFFREY MCMAHON v. THE STATE OF NEVADA (2025)

ORDER OF REVERSAL AND REMAND

Jeffrey McMahon appeals from a district court order dismissing a postconviction petition for a writ of habeas corpus challenging the computation of time served filed on August 30, 2024. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge.

McMahon contends the district court erred by failing to transfer his petition to the clerk of the district court for White Pine County where he is incarcerated. We agree. A petition challenging the computation of time served must be filed with the clerk of the district court for the county in which the petitioner is incarcerated. NRS 34.738(1)(a). If a petition is not filed in the district court for the appropriate county, the clerk of that court must transfer the petition to the clerk of the district court for the appropriate county. NRS 34.738(2)(b).

McMahon filed his petition in the district court for Nye County; however, the district court found McMahon was not incarcerated in Nye County at the time. The district court's finding is supported by the record. Because McMahon filed his petition in the wrong district court, the district court clerk was required to transfer the petition to the clerk of the district court for White Pine County, where the record reflects McMahon was incarcerated at the time he filed the petition. Therefore, we reverse the dismissal of McMahon's petition and direct the clerk of the Fifth Judicial District Court to transfer McMahon's petition to the clerk of the district court for the appropriate county. For the foregoing reasons, we

ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

Bulla, C.J.

Gibbons, J.

Westbrook, J.