Opinion
No. 63693
2013-09-19
DAVID AUGUST KILLE, SR., Petitioner, v. C/O MRS. JENKINS, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION FOR
WRIT OF MANDAMUS OR PROHIBITION
This is a proper person petition for a writ of mandamus or prohibition seeking an order directing the district court to calendar petitioner's case for trial.
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 may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. See NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). It is within this court's sole discretion to determine if a writ petition will be considered. Smith, 107 Nev. at 677, 818 P.2d at 851. Petitioner bears the burden of demonstrating that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition, we conclude that our intervention by way of extraordinary writ relief is not warranted. See Smith, 107 Nev. at 677, 818 P.2d at 851; NRAP 21(b)(1). Accordingly, we
ORDER the petition DENIED.
______________________, J.
Gibbons
______________________, J.
Douglas
______________________, J.
Saitta
cc: David August Kille, Sr.
Attorney General/Carson City
Pershing County Clerk