WHITFIELD v. NEVADA STATE PERSONNEL COMMISSION (2022)

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

This original pro se petition for a writ of habeas corpus challenges the termination of petitioner's employment with the Nevada Department of Corrections.

As an initial matter, we note that a writ of habeas corpus is available as a remedy only to one who is held in actual custody or incarcerated pursuant to a criminal conviction. Nev. Const. art. 6, § 6(1); NRS 34.724(1); NRS 34.360; Jackson v. State, 115 Nev. 21, 973 P.2d 241 (1999). It has no application to a civil employment matter. Accordingly, a writ of habeas corpus is not available to petitioner.

To the extent that we might construe the instant petition as one for a writ of mandamus, we note that petitioner failed to meet his burden to demonstrate that such extraordinary relief is warranted, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Accordingly, we

ORDER the petition DENIED.