Opinion
No. 58920
03-26-2014
RANDALL GEORGE ANGEL, Petitioner, v. THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CARSON CITY; AND THE HONORABLE JAMES TODD RUSSELL, DISTRICT JUDGE, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING PETITION FOR WRIT OF MANDAMUS
This is a proper person petition for a writ of mandamus seeking an order directing the district court clerk to issue a summons in a civil rights action.
In this writ petition, petitioner contends that the district court clerk failed to issue a summons, preventing him from properly serving process on the defendants in a civil rights action that he had filed. Since filing this petition, petitioner has initiated an appeal from the same district court action. A review of the district court record submitted to this court as part of the appeal demonstrates that, after this petition was filed, the district court clerk issued a summons in petitioner's action. As a result, we conclude that this petition is moot, and we therefore dismiss the petition. See Personhood Neu. v. Bristol, 126 Nev. ___, ___, 245 P.3d 572, 574 (2010) (explaining that this court's duty is "to resolve actual controversies by an enforceable judgment," and thus, "a controversy must be present through all stages of the proceeding").
It is so ORDERED.
_________________, J.
Hardesty
_________________, J.
Parraguirre
_________________, J.
Cherry
cc: Hon. James Todd Russell, District Judge
Randall George Angel
Attorney General/Carson City
Carson City Clerk