Opinion
No. 57776.
06-07-2011
Michael Steve COX, Petitioner, v. The SEVENTH JUDICIAL DISTRICT COURT of the STATE of Nevada, in and for the COUNTY OF WHITE PINE; and the Honorable Dan L. Papez, District Judge, Respondents, and E.K. McDaniel, Real Party in Interest.
Michael Steve Cox Attorney General/Carson City
Michael Steve Cox
Attorney General/Carson City
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original proper person petition for a writ of mandamus challenges the district court's failure to resolve petitioner's action. Having reviewed the petition and its attachments, we are not persuaded that extraordinary relief is warranted. NRAP 21(b)(1) ; Smith v. District Court, 107 Nev. 674, 818 P.2d 849 (1991). In particular, petitioner, as the plaintiff, not the district judge, was charged with the duty of promptly pursuing the underlying action. Allyn v. McDonald, 117 Nev. 907, 912, 34 P.3d 584, 587 (2001) (stating that NRCP 41(e) dismissals will generally be upheld “without regard to the plaintiffs reasons for allowing the mandatory period to lapse”); Johnson v. Harber, 94 Nev. 524, 526, 582 P.2d 800, 802 (1978) (explaining that it is the plaintiffs duty to ensure that their case is brought to trial within the NRCP 41(e) period. Accordingly, we
ORDER the petition DENIED.