Opinion
No. 75127
05-15-2018
MELVIN LEE BAILEY, Petitioner, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of habeas corpus. Melvin Lee Bailey asserts he is being unlawfully restrained because there is no record or transcript of a hearing for a waiver of his preliminary examination. We decline to exercise our original jurisdiction in this matter. See NRAP 22 ("An application for an original writ of habeas corpus should be made to the appropriate district court."); see also Zobrist v. Sheriff, Carson City, 96 Nev. 625, 626, 614 P.2d 538, 539 (1980) (indicating this court has discretion to decide whether to entertain an original petition for a writ of habeas corpus and that such petitions raising questions of fact should be considered "by a tribunal equipped to handle that task"). Accordingly, without reaching the merit of any claims raised, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Melvin Lee Bailey
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk