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Elnenaey v. Eighth Judicial Dist. Court of Nev.

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 6, 2018
No. 74178 (Nev. App. Mar. 6, 2018)

Opinion

No. 74178

03-06-2018

ELSAYED ELNENAEY, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; THE HONORABLE ELIZABETH GOFF GONZALEZ; AND THE HONORABLE T. ARTHUR RITCHIE, JR., DISTRICT JUDGE, Respondents, and MERVAT OSMAN, Real Party in Interest.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or, alternatively, prohibition challenges various district court orders and seeks an order preventing the district court from taking any further action in the underlying case.

Petitioner submitted a writ petition on October 10, 2017, that was filed under this docket number and another writ petition on October 24, 2017, that was filed under Docket No. 74273. The supreme court subsequently determined that the writ petition in Docket No. 74273 should have been filed under this docket number as an amended writ petition, and, therefore, it transferred the amended writ petition to this docket number and administratively closed Docket No. 74273. --------

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. See 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 may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. See NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Petitioner bears the burden of demonstrating that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the petition and supporting documents, we conclude that petitioner has failed to meet his burden of demonstrating that extraordinary writ relief is warranted. See id. Accordingly, we deny the petition. NRAP 21(b)(1); Smith, 107 Nev. at 677, 818 P.2d at 851.

It is so ORDERED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Elizabeth Goff Gonzalez, Chief Judge

Hon. T. Arthur Ritchie, Jr., District Judge, Family Court Division

Elsayed Elnenaey

Pecos Law Group

Eighth District Court Clerk


Summaries of

Elnenaey v. Eighth Judicial Dist. Court of Nev.

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 6, 2018
No. 74178 (Nev. App. Mar. 6, 2018)
Case details for

Elnenaey v. Eighth Judicial Dist. Court of Nev.

Case Details

Full title:ELSAYED ELNENAEY, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 6, 2018

Citations

No. 74178 (Nev. App. Mar. 6, 2018)