Opinion
No. 84503-COA
06-17-2022
Marlon Lorenzo BROWN, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK, Respondent.
Marlon Lorenzo Brown Clark County District Attorney
Marlon Lorenzo Brown
Clark County District Attorney
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus seeks an order directing the entry of default against certain defendants in the underlying proceeding.
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. NRS 34.160 ; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). This court has discretion as to whether to entertain a petition for extraordinary relief and will not do so when the petitioner has a plain, speedy, and adequate remedy at law. NRS 34.170 ; NRS 34.330 ; D.R. Horton, Inc. v. Eighth Judicial Dist. Court , 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). 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).
Based on our review of the petition, we conclude that petitioner has failed to meet his burden of demonstrating that extraordinary writ relief is warranted. See id. We therefore deny the petition. See NRAP 21(b)(1) ; D.R. Horton , 123 Nev. at 475, 168 P.3d at 737.
It is so ORDERED.