Opinion
No. 74523
12-28-2017
MICHAEL ALVIN GRESHAM, Petitioner, v. THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR CARSON CITY; AND THE HONORABLE JAMES T. RUSSELL, DISTRICT JUDGE, Respondents.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original petition for a writ of mandamus seeks an order compelling the district court to immediately adjudicate petitioner's petition for writ of mandamus and all other filings pending before the district court.
We direct the clerk of the court to modify the caption for this ease to conform to the caption on this order.
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). A writ of mandamus will not issue, however, if the petitioner has a plain, speedy, and adequate remedy at law. See NRS 34.170; Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 558. Further, mandamus is an extraordinary remedy, and it is within the discretion of this court to determine if a petition will be considered. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (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 documents before us, we conclude that petitioner has failed to demonstrate that extraordinary writ relief is warranted. See id. Accordingly, we deny the petition. See NRAP 21(b)(1); Smith, 107 Nev. at 677, 818 P.2d at 851.
We are confident that the district court will resolve the underlying matter as quickly as its docket allows. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. James T. Russell, District Judge
Michael Alvin Gresham
Attorney General/Carson City
Carson City Clerk