Opinion
No. 64475
07-31-2014
KENNETH D. SISCO, Petitioner, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE DAVID A. HARDY, DISTRICT JUDGE, Respondents, and F. DEARMOND SHARP, ESQ., AN INDIVIDUAL; ROBISON BELAUSTEGUI SHARP & LOW, A NEVADA PROFESSIONAL CORPORATION; AND CHRIS D. NICHOLS, ESQ., AN INDIVIDUAL, Real Parties in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 original petition for a writ of mandamus or prohibition challenges a district court order imposing sanctions against petitioner.
A writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. 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 prohibition may be warranted when the district court exceeds its jurisdiction. NRS 34.320. Either writ is an extraordinary remedy, and whether such a writ will be considered is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Moreover, it is petitioner's burden to demonstrate that our extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the parties' arguments, we are not persuaded that our intervention is warranted. Smith, 107 Nev. at 677, 679, 818 P.2d at 851, 853; Pan, 120 Nev. at 228, 88 P.3d at 844. Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Pickering
/s/_________, J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
/s/_________, J.
Saitta
cc: Hon. David A. Hardy, District Judge
Kenneth Dale Sisco
Robison Belaustegui Sharp & Low
Washoe District Court Clerk