Opinion
No. 57496.
02-10-2011
Tony R. HINES, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT oF the STATE of Nevada, in and for The COUNTY OF CLARK; And the Honorable Timothy C. Williams, District Judge, Respondents, and Dwight Neven, Real Party in Interest.
Tony R. Hines Attorney General/Las Vegas
Tony R. Hines
Attorney General/Las Vegas
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This proper person original petition for a writ of mandamus challenges a district court order dismissing petitioner's tort action.
A writ of mandamus will issue only when the petitioner has no plain, speedy, and adequate legal remedy. NRS 34.170. Here, petitioner had an adequate and speedy legal remedy in the form of an appeal from the district court's order dismissing his complaint. NRAP 3A(b)(l) (allowing for appeals from final judgments); Pan v. Dist. Ct., 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (noting that this court has consistently recognized that an appeal is an adequate legal remedy precluding writ relief); NRAP 21(b)(1). Accordingly, as writ relief is precluded, we
No notice of entry of the district court's dismissal order was included in the supporting documents; thus, it is unclear whether the time for filing a notice of appeal has passed. NRAP 4(a)(1).