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KENNETH OUIMET v. THE STATE OF NEVADA CLARK COUNTY AND LAS VEGAS JUSTICE COURT (2023)

Supreme Court of Nevada.2023-12-15No. No. 87533

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Opinion

ORDER DENYING PETITION

This is a pro se original petition for a writ of mandamus seeking to compel the justice court to accept and rule on petitioners challenge to jurisdiction.

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.R. 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).

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.

Stiglich, C.J.

Cadish, J.

Herndon, J.