Opinion
No. 79446-COA
10-22-2019
LEONARD MORGAN HAIRSTON, Petitioner, v. CHRISTIANSEN KEELER; MEMBERS OF THE NEVADA STATE BOARD OF PAROLE COMMISSIONERS; AND BRIAN WILLIAMS, WARDEN, Respondents.
ORDER DENYING PETITION
In this original petition for a writ of prohibition, Leonard Morgan Hairston seeks an order prohibiting respondents from conducting a parole revocation hearing in district court case number C295239. Hairston asserts respondents cannot proceed with the parole revocation proceedings in that case because the Nevada Supreme Court dismissed his appeal in Docket No. 66372 for lack of jurisdiction, which he asserts constituted a final decision in case number C295239.
We have considered the petition, and we conclude our intervention by way of extraordinary writ is not warranted. See NRS 34.320. Contrary to Hairston's assertion, the dismissal of his appeal in Docket No. 66372 did not dismiss his underlying criminal matter in case number C295239. See Hairston v. State, Docket No. 66372 (Order Dismissing Appeal, September 25, 2014). Therefore, respondents are not acting in excess of their authority by continuing with proceedings in number C295239. Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Nevada Board of Parole Commissioners
Brian Williams, Warden
Leonard Morgan Hairston
Attorney General/Carson City
Eighth District Court Clerk