STEVEN ERIC GOULD v. BILL GITTERE WARDEN ELY STATE PRISON JAMES DZURENDA DIRECTOR NEVADA DEPARTMENT OF CORRECTIONS AND AARON FORD NEVADA ATTORNEY GENERAL (2024)

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

This is an original pro se petition for a writ of habeas corpus seeking petitioners release from custody.

Petitioner was convicted in 2021 after a five-day jury trial of invasion of the home while in the possession of a deadly weapon, first-degree kidnapping with the use of a deadly weapon, burglary while in the possession of a deadly weapon, conspiracy to commit robbery, and robbery with the use of a deadly weapon of a victim 60 years of age or older. Petitioner was sentenced to serve concurrent and consecutive prison terms totaling 25 years to life. In this petition, petitioner is challenging the legality of his conviction and raising ineffective-assistance-of-counsel claims.

Petitioner has not provided this court with any exhibits or documents in support of his petition and necessary for this court's consideration of the petition. See NRAP 21(a)(4) (providing that petitioners must submit an appendix containing all documents “essential to understand[ing] the matters set forth in the petition”). Moreover, this court generally does not consider petitions for habeas relief; under NRAP 22, the proper procedure is to apply for habeas relief in the district court in the first instance and, if aggrieved, appeal to this court from any order denying such relief. Petitioner bears the burden of showing that extraordinary relief is warranted. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

We conclude that petitioner has failed to demonstrate our intervention by extraordinary writ is warranted. Therefore, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). Nothing in this order precludes petitioner from appealing from any district court order denying his petition for habeas corpus below in accordance with NRS 34.575 and NRAP 22. Accordingly, we

ORDER the petition DENIED.

Cadish, C.J.

Stiglich, J.

Herndon, J.