Opinion
No. 64874
01-21-2015
RUSSELL GATES, Petitioner, v. DONALD M. MOSLEY, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING PETITION FOR WRIT OF QUO WARRANTO
This is a pro se petition seeking a writ of quo warranto.
Petitioner Russell Gates seeks a writ of quo warranto in an effort to oust respondent, retired district court judge Donald M. Mosley, from the office of district court judge for the Eighth Judicial District Court of the State of Nevada. Judge Mosley, however, is retired, and thus, no longer occupies the office of district court judge. Gates' petition for quo warranto relief to remove Judge Mosley from that office is therefore moot, Personhood Nev. v. Bristol, 126 Nev. ___, ___, 245 P.3d 572, 574 (2010) (providing that a case is moot when a live controversy no longer exists), and we dismiss the petition on this basis.
We take judicial notice of the fact that Judge Mosley has retired, and thus, no longer occupies the office of district court judge. NRS 47.130(2)(b) (permitting a court to take judicial notice of facts "[c]apable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned"); Yellow Cab of Reno, Inc. v. Second Judicial Dist. Court, 127 Nev. ___, ___ n.4, 262 P.3d 699, 704 n.4 (2011) (taking judicial notice of the 2000 United States Census).
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Russell Gates
Attorney General/Carson City
Eighth District Court Clerk