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Linder v. Las Vegas Metro. Police Dep't

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 24, 2019
No. 78689-COA (Nev. App. Jul. 24, 2019)

Opinion

No. 78689-COA

07-24-2019

DAVID W. LINDER, Petitioner, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, Respondent.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus seeks an order directing the Eighth Judicial District Court to respond or otherwise take action on petitioner's motion to set aside a judgment.

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). A writ of mandamus will not issue, however, if the petitioner has a plain, speedy, and adequate remedy at law. See NRS 34.170; Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 558. Further, mandamus is an extraordinary remedy, and it is within the discretion of this court to determine if a petition will be considered. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). 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 documents before us, we conclude that petitioner has failed to demonstrate that extraordinary writ relief is warranted. See id. Accordingly, we deny the petition. See NRAP 21(b)(1); Smith, 107 Nev. at 677, 818 P.2d at 851.

It is so ORDERED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Linda Bell, Chief Judge, Eighth Judicial District Court

David W. Linder

Eighth District Court Clerk


Summaries of

Linder v. Las Vegas Metro. Police Dep't

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 24, 2019
No. 78689-COA (Nev. App. Jul. 24, 2019)
Case details for

Linder v. Las Vegas Metro. Police Dep't

Case Details

Full title:DAVID W. LINDER, Petitioner, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 24, 2019

Citations

No. 78689-COA (Nev. App. Jul. 24, 2019)