HELFRICH v. STATE (2024)

ORDER DENYING MANDAMUS OR PROHIBITION PETITION

This is an original pro se petition for a writ of mandamus or prohibition asking this court to compel the district court to rule on petitioner's pending petition for a writ of habeas corpus.

On September 10, 2021, petitioner filed a petition for a writ of habeas corpus in the district court. On June 8, 2023, this court issued a writ of mandamus instructing the district court to enter an order resolving petitioner's habeas petition. Helfrich v. Fifth Jud. Dist. Ct., No. 85505, 2023 WL 3911045 (Nev. June 8, 2023) (Order Granting Petition for Writ of Mandamus). In the instant petition, petitioner claims, among other things, that the district court has failed to comply with this court's order and entered an order resolving his petition. On June 6, 2024, this court entered an order directing respondents to file and serve an answer.

According to documents provided by the Fifth Judicial District Court and respondents, Sr. J. Michael Cherry presided over a hearing in the district court on March 5, 2024, and orally denied petitioner's habeas petition. An order denying the petition was filed in the district court on July 2. Therefore, as requested by petitioner, the district court has resolved his habeas petition. Petitioner currently has an appeal pending in this court from the denial of his habeas petition, see Docket No. 88789.

Accordingly, because the instant petition is moot, see Valdez-Jimenez v. Eighth Jud. Dist. Ct., 136 Nev. 155, 158, 460 P.3d 976, 981 (2020) (“As a general rule, this court will decline to hear a moot case.”), we decline to exercise our original jurisdiction in this case, see NRAP 21(b), and

ORDER the petition DENIED.