Opinion
No. 71553
11-18-2016
JACQUELINE G., Petitioner, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE EGAN K. WALKER, DISTRICT JUDGE, Respondents, and WASHOE COUNTY DEPARTMENT OF SOCIAL SERVICES, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is an original petition for a writ of mandamus challenging a district court order affirming a master's recommendation to retain petitioner's child in protective custody under NRS Chapter 432B.
Having considered the petition, we conclude that petitioner has not demonstrated that our intervention by extraordinary writ relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (stating that petitioner bears the burden of demonstrating that extraordinary relief is warranted). Petitioner has not shown that the district court's order that the child remain in protective custody constituted an arbitrary or capricious exercise of discretion. See NRS 432B.480; see also NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Accordingly, we decline to intervene in this matter and we deny the petition. See NRAP 21(b)(1); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (stating that a petition for extraordinary writ relief is purely discretionary with this court).
It is so ORDERED.
/s/_________, C.J.
Parraguirre
/s/_________, J.
Hardesty
/s/_________, J.
Pickering cc: Hon. Egan K. Walker, District Judge
Washoe County Public Defender
Washoe County District Attorney
Washoe District Court Clerk