Opinion
No. 59151.
09-30-2011
Richard AFRAND, An Individual, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Kathleen E. Delaney, District Judge, Respondents, and Reo Asset Services, LLC d/b/a First Realty Group, A Nevada Limited Liability Company, Real Party in Interest.
Richard Afrand Claggett & Associates, Inc.
Richard Afrand
Claggett & Associates, Inc.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original proper person petition for a writ of mandamus challenges a district court order denying petitioner's motion to dismiss or, in the alternative, for summary judgment.
Writ relief is generally available when there is no plain, speedy, and adequate remedy in the ordinary course of law. NRS 34.170. 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 ; International Game Tech. v. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). The issuance of a writ of mandamus is purely within this court's discretion. Smith v. District Court, 107 Nev. 674, 677, 818 P.2d 849, 851–52 (1991). Having reviewed the petition, we decline to exercise our discretion to extraordinarily intervene in the district court proceedings. Id.; NRAP 21(b)(1).
In light of this order, we deny as moot petitioner's motion for a stay.
--------