Barton v. State

that he be afforded the opportunity to file a successive habeas corpus petition. The district court dismissed appellant's complaint for failure to state a claim upon which relief can be granted, see NRCP 12(b)(5), and this appeal followed.' "A district court order granting an NRCP 12(b)(5) motion to dismiss is subject to rigorous appellate review." Sanchez v. Wal-Mart Stores, Inc., 125 Nev. 818, 823,

221 P.3d 1276, 1280

(2009). In reviewing the dismissal order, "[t]his court presumes all factual allegations in the complaint are true and draws all inferences in favor of the plaintiff. Dismissal…