Opinion
No. 74269
10-25-2017
JERRY BROWN, Petitioner, v. THE TENTH JUDICIAL DISTRICT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CHURCHILL; AND THE HONORABLE THOMAS L. STOCKARD, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This pro se emergency petition for a writ of mandamus challenges the district court's alleged failure to rule on a motion to remove counsel so that a post-conviction petition for habeas relief and other motions can be timely filed. Having reviewed the petition, we conclude that petitioner has not met his burden of demonstrating that writ relief is warranted. First, petitioner failed to submit with the petition an appendix or any documentation necessary to evaluate the petition. NRAP 21(a)(4) (requiring petitioner to submit with his petition copies of any parts of the record or any document that may be essential to understand the matters set forth in the petition); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228-29, 88 P.3d 840, 844 (2004). Further, although petitioner failed to serve his writ petition on the district court judge and any parties to the proceeding, which constitutes another basis on which to deny relief, NRAP 21(a)(1), we expect that the district court will resolve any matter before it with all due haste. Accordingly, we
As petitioner's petition has been filed with no fee charged, his request for in forma pauperis status is denied as moot. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Thomas L. Stockard, District Judge
Jerry Brown
Attorney General/Carson City
Churchill County District Attorney/Fallon
Churchill County Clerk