JACK MICHAEL GERNERT v. THE ELEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF MINERAL (2022)

ORDER DISMISSING PETITION

In this original pro se petition for a writ of mandamus, Jack Michael Gernert seeks an order directing the clerk of the Eleventh Judicial District Court to file Gernert's postconviction habeas petition.

On September 13, 2022, we ordered the State to file an answer to Gernert's petition. The State informs this court that the clerk has since filed Gernert's postconviction petition and argues the instant petition is now moot. Having reviewed the State's response and the file-stamped copy of Gernert's postconviction petition that the State included with its response, we agree that the issue presented in this petition for a writ of mandamus is now moot, and this court's intervention by way of extraordinary relief is not warranted. See Nat'l Collegiate Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981). Accordingly, we

ORDER the petition DISMISSED.

Gibbons, C.J.

Tao, J.

Bulla, J.