Opinion
No. 67347
07-22-2015
STANLEY EARNEST RIMER, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JENNIFER P. TOGLIATTI, DISTRICT JUDGE, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER GRANTING PETITION FOR WRIT OF MANDAMUS
This original pro se petition for a writ of mandamus challenges a district court order denying petitioner's application for in forma pauperis status.
Having reviewed respondent's answer to the petition, in which she concedes that petitioner's documents were not filed in the district court as the result of staff error and that writ relief should be granted, we grant the petition for a writ of mandamus. The district court shall grant petitioner in forma pauperis status for the purpose of filing and proceeding with his complaint dated November 1, 2014, which was attached as exhibit 1 to his writ petition. Nothing in this order precludes the district court from thereafter performing, in its discretion, a pre-service review of the complaint following the procedure set forth in Jordan v. State ex rel. Department of Motor Vehicles & Public Safety, 121 Nev. 44, 57-58, 110 P.3d 30, 41 (2005), abrogated in part on other grounds by Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 181 P.3d 670 (2008). Accordingly, we
Petitioner was granted in forma pauperis status on January 23, 2015, in connection with this writ proceeding. Accordingly, no additional review of his application is needed with regard to filing his November 1, 2014, complaint. --------
ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to grant petitioner in forma pauperis status and file the November 1, 2014, complaint attached as exhibit 1 to his writ petition.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. David B. Barker, Chief Judge
Hon. Jennifer P. Togliatti, District Judge
Stanley Earnest Rimer
Attorney General/Carson City
Eighth District Court Clerk