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Davis v. Fifth Judicial Dist. Court

SUPREME COURT OF THE STATE OF NEVADA
Feb 19, 2020
457 P.3d 248 (Nev. 2020)

Opinion

No. 80550

02-19-2020

Emanuel DAVIS, Petitioner, v. The FIFTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF NYE, Respondent.

Emanuel Davis Attorney General/Carson City Nye County District Attorney


Emanuel Davis

Attorney General/Carson City

Nye County District Attorney

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

In this original pro se petition for a writ of mandamus, petitioner alleges that the district court has failed to act on a postconviction petition for a writ of habeas corpus he filed below and petitioner seeks relief in this court.

Problematically, petitioner has not provided this court with exhibits or other documentation that would support his claims for relief. See NRAP 21(a)(4) (providing the petitioner shall submit an appendix containing all documents "essential to understand the matters set forth in the petition"). Therefore, without deciding the merits of the claims raised, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b).

We take no action on the motion to waive filing fees. The filing fee was waived upon docketing of the petition.

We reiterate that "[p]etitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth Judicial Dish Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Accordingly, we

ORDER the petition DENIED.

We are confident that the district court will resolve all pending matters as expeditiously as its calendar permits.


Summaries of

Davis v. Fifth Judicial Dist. Court

SUPREME COURT OF THE STATE OF NEVADA
Feb 19, 2020
457 P.3d 248 (Nev. 2020)
Case details for

Davis v. Fifth Judicial Dist. Court

Case Details

Full title:EMANUEL DAVIS, Petitioner, v. THE FIFTH JUDICIAL DISTRICT COURT OF THE…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Feb 19, 2020

Citations

457 P.3d 248 (Nev. 2020)