Opinion
No. 72796
05-31-2017
BRUCE HARRISON BIRCH, Petitioner, v. THE HONORABLE WILLIAM A. MADDOX, Respondent.
cc: Bruce Harrison Birch Attorney General/Carson City Washoe District Court Clerk
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus that seeks an order directing state court employees to rescind a letter allegedly sent to the Nevada Department of Corrections and to show cause why they failed to file certain documents that were allegedly submitted for filing.
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; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of mandamus will not issue, however, if the petitioner has a plain, speedy, and adequate remedy at law. See NRS 34.170; Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 558. Further, mandamus is an extraordinary remedy, and it is within the discretion of this court to determine if a petition will be considered. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), Petitioner bears the burden of demonstrating that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition, we conclude that petitioner has failed to demonstrate that our extraordinary intervention is warranted. See id. Accordingly, we deny the petition. NRAP 21(b)(1); Smith, 107 Nev. at 677, 818 P.2d at 851.
It is so ORDERED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Bruce Harrison Birch
Attorney General/Carson City
Washoe District Court Clerk