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).
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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