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Fernandez v. First Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 21, 2018
No. 76266 (Nev. App. Sep. 21, 2018)

Opinion

No. 76266

09-21-2018

KEVIN LYNN FERNANDEZ, Petitioner, v. THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CARSON CITY; AND THE HONORABLE JAMES E. WILSON, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; JAMES DZURENDA, DIRECTOR; THE STATE OF NEVADA BOARD OF PAROLE COMMISSIONERS; AND CONNIE S. BISBEE, CHAIRMAN, Real Parties in Interest.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This is an original petition for a writ of mandamus challenging the district court's denial of petitioner's motion to proceed in forma pauperis.

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). This court has discretion as to whether to entertain a petition for extraordinary relief and will not do so when the petitioner has a plain, speedy, and adequate remedy at law. NRS 34.170; 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. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the petition and appendix filed in this matter, we are not persuaded that this court's intervention by way of extraordinary relief is warranted. Id. Accordingly, we deny the petition. See NRAP 21(b)(1); D.R. Horton, 123 Nev. at 475, 168 P.3d at 737.

It is so ORDERED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. James E. Wilson, District Judge

Kevin Lynn Fernandez

Attorney General/Carson City

Carson City Clerk


Summaries of

Fernandez v. First Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 21, 2018
No. 76266 (Nev. App. Sep. 21, 2018)
Case details for

Fernandez v. First Judicial Dist. Court

Case Details

Full title:KEVIN LYNN FERNANDEZ, Petitioner, v. THE FIRST JUDICIAL DISTRICT COURT OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 21, 2018

Citations

No. 76266 (Nev. App. Sep. 21, 2018)