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Stevens v. Eighth Judicial Dist. Court of Nev.

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 6, 2017
No. 72187 (Nev. App. Mar. 6, 2017)

Opinion

No. 72187

03-06-2017

THEODORE STEVENS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JERRY A. WIESE, DISTRICT JUDGE, Respondents.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This is a petition for a writ of mandamus seeking an order requiring the district court to grant petitioner summary judgment in the underlying action.

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). 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 petitioner has not met his burden of demonstrating that extraordinary relief is warranted as petitioner failed to include an appendix with the documents necessary to evaluate this petition. See NRAP 21(a)(4) (requiring a petitioner to submit an appendix that includes documentation supporting the petition); Pan, 120 Nev. at 229, 88 P.3d at 844 ("If essential information is left out of the petition and accompanying documentation, we have no way of properly evaluating the petition."). Accordingly, we deny the petition. See NRAP 21(b)(1); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (providing that whether to consider a writ petition is discretionary).

It is so ORDERED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Jerry A. Weise, District Judge

Theodore Stevens

Attorney General/Carson City

Eighth District Court Clerk


Summaries of

Stevens v. Eighth Judicial Dist. Court of Nev.

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 6, 2017
No. 72187 (Nev. App. Mar. 6, 2017)
Case details for

Stevens v. Eighth Judicial Dist. Court of Nev.

Case Details

Full title:THEODORE STEVENS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 6, 2017

Citations

No. 72187 (Nev. App. Mar. 6, 2017)