Opinion
No. 78287
03-28-2019
LAWRENCE RONALD VALENTINE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MICHAEL VILLANI, DISTRICT JUDGE, Respondents, and ATTORNEY GENERAL; JESSICA E. PERLICK, DEPUTY ATTORNEY GENERAL; AND ISIDRO BACA, WARDEN, NNCC, Real Parties in Interest.
ORDER DENYING PETITION FOR EXTRAORDINARY WRIT RELIEF
Petitioner has filed an emergency petition seeking the ouster of respondent district judge and real party in interest deputy attorney general and his own release from custody. Petitioner asserts that these parties lack jurisdiction to proceed because they did not secure and maintain a fidelity bond, pointing to authorities requiring the State Controller, Treasurer, and justices of the peace to post bonds before entering into office, Nev. Const. art. 17, § 20; NRS 4.030, and prescribing consequences for officials' failure to post required bonds, see, e.g., NRS 282.040; State v. Laughton, 19 Nev. 202, 8 P. 344 (1885).
Petitioner demonstrates neither that the district judge and deputy attorney general are required to obtain a bond nor that they failed to do so. This court generally does not act as a finder of fact, see Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981), and thus, we decline to further consider this petition for extraordinary relief. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (explaining that it is the petitioner's burden to demonstrate that writ relief is warranted). We therefore
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Pickering
/s/_________, J.
Hardesty cc: Hon. Michael Villani, District Judge
Lawrence Ronald Valentine
Attorney General/Carson City
Eighth District Court Clerk