Having considered the petition, answer, supplement, and
supporting documents,' we conclude that our intervention by
extraordinary writ relief is not warranted. See NRS 34.160; NRS 34.320;
Smith, 107 Nev. at 677, 818 P.2d at 851. Petitioner challenges the order
holding him in contempt on the basis that it was not signed by a district
judge. 2 NRS 425.3844 provides that when no objection to a master's
recommendation is filed within ten days, the order is deemed approved by
the district court, the clerk of the court can file the recommendation, and
the recommendation has the force and effect of an order or decree of the
district court. See NRS 425.3844(3)(a), (9). Here, petitioner has not
demonstrated that he timely objected to the master's recommendation to
hold him in contempt. Thus, the order was deemed approved by the
1 We direct the clerk of this court to file petitioner's motion to
supplement and certificate of service, provisionally received in this court
on December 19, 2013. Having considered petitioner's motion and the
opposition thereto, we grant the motion in part and direct the clerk of this
court to detach from the motion and file petitioner's supplemental petition
and appendix. We, however, deny the motion in part regarding
petitioner's request for leave to add additional respondents to this writ
petition and to file a reply brief.
2 To the extent that petitioner challenges the legality of his
confinement, NRAP 22 requires that an original petition for a writ of
habeas corpus be filed in the district court in the first instance. Moreover,
we note that any such challenge may have been rendered moot upon
petitioner's release from confinement. See Ex parte Shepley, 66 Nev. 33,
41, 202 P.2d 882, 886 (1949) (explaining that a writ of habeas corpus is
unavailable unless the petitioner is presently restrained).
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district court. Petitioner has therefore not demonstrated that this court's
intervention by extraordinary writ relief is warranted. See Pan, 120 Nev.
at 228, 88 P.3d at 844. Accordingly, we
ORDER the petition DENIED.
Hardesty
J.
cc: Michael Foley
Marquis Aurbach Coiling
Liesl K. Freedman
Eighth District Court Clerk
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