LAW.coLAW.co

HELFRICH v. FIFTH JUDICIAL DISTRICT COURT IN AND FOR COUNTY OF NYE (2022)

Supreme Court of Nevada.2022-12-30No. No. 85793

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

ORDER DENYING PETITION

This is a pro se original petition for a writ of mandamus seeking an order that would compel the district court to rule on petitioners emergency motion for an injunction or temporary restraining order filed on December 15, 2021.

A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control an arbitrary or capricious exercise of discretion. See NRS 34.160; Intl Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Whether a petition for extraordinary writ relief will be entertained rests within this courts sound discretion. D.H. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioner bears the burden of demonstrating that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Further, it is petitioners responsibility to provide this court with all documents essential to understand the matters set forth in the petition. NRAP 21(a)(4).

Having reviewed the petition and the limited documents provided in support by petitioner, we conclude, without reaching the merits of any claims, that petitioner has failed to meet his burden of demonstrating that extraordinary relief is warranted. Accordingly, we

ORDER the petition DENIED.