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Bacon v. Kishner

Supreme Court of Nevada.
Dec 9, 2011
373 P.3d 893 (Nev. 2011)

Opinion

No. 59316.

12-09-2011

Percy Lavae BACON, Petitioner, v. The Honorable Joanna KISHNER, District Judge, Respondent.

Percy Lavae Bacon Attorney General/Caron City


Percy Lavae Bacon

Attorney General/Caron City

ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND PROHIBITION

This original proper person petition for a writ of mandamus and prohibition challenges district court orders declaring petitioner a vexatious litigant and dismissing a complaint filed by petitioner pursuant to that order.

Writ relief is generally available when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170 ; NRS 34.330. A writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. NRS 34.160. A writ of prohibition may issue to confine the district court to the proper exercise of its prescribed jurisdiction when the court has acted in excess of its jurisdiction. NRS 34.320. The issuance of a writ of mandamus or prohibition is purely within this court's discretion. Smith v. District Court, 107 Nev. 674, 677, 818 P.2d 849, 851–52 (1991). Having reviewed the petition, we decline to exercise our discretion to consider this petition. Id.; NRAP 21(b)(1).

It is so ORDERED.

The Honorable Robert E. Rose and the Honorable Miriam Shearing, Senior Justices, participated in the decision of this matter under general orders of assignment.

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Summaries of

Bacon v. Kishner

Supreme Court of Nevada.
Dec 9, 2011
373 P.3d 893 (Nev. 2011)
Case details for

Bacon v. Kishner

Case Details

Full title:Percy Lavae BACON, Petitioner, v. The Honorable Joanna KISHNER, District…

Court:Supreme Court of Nevada.

Date published: Dec 9, 2011

Citations

373 P.3d 893 (Nev. 2011)