Opinion
No. 73229
10-12-2017
JOEL TUTOR CAPALAC, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE LINDA MARIE BELL, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus seeks an order directing the district court to resolve a petition for a writ of habeas corpus filed on December 27, 2016. On September 5, 2017, we ordered the real party in interest to file a status report regarding the petition.
On September 20, 2017, the district court filed a status report informing this court the petition was denied on August 17, 2017, and, after it resolves a credit issue raised by petitioner in another case, a written order will be entered resolving "the entirety of this matter." On September 27, 2017, the real party in interest also filed a status report. We have reviewed the documents submitted in this matter and, without deciding upon the merits of any claims raised therein, we decline to exercise our original jurisdiction. See NRS 34.160; NRAP 21(b)(1); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Joel Tutor Capalac
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk