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Peck v. Eighth Judicial Dist. Court of Nev.

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 30, 2017
No. 73780 (Nev. App. Oct. 30, 2017)

Opinion

No. 73780

10-30-2017

FRANK MILFORD PECK, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND STEVEN GRIERSON, CLERK OF THE EIGHTH JUDICIAL DISTRICT COURT, Respondents.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus seeks an order directing the clerk of the Eighth Judicial District Court to file certain documents and return file-stamped copies of them to petitioner and to respond to certain correspondence.

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). Writ relief is typically not available, however, when 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. Moreover, whether to consider a writ petition is within this court's discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). And 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 petition, 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.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Frank Milford Peck

Attorney General/Carson City

Eighth District Court Clerk


Summaries of

Peck v. Eighth Judicial Dist. Court of Nev.

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 30, 2017
No. 73780 (Nev. App. Oct. 30, 2017)
Case details for

Peck v. Eighth Judicial Dist. Court of Nev.

Case Details

Full title:FRANK MILFORD PECK, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 30, 2017

Citations

No. 73780 (Nev. App. Oct. 30, 2017)