Opinion
No. 72116
02-27-2017
PETER JASON HELFRICH, Petitioner, v. THE HONORABLE DAVID R. GAMBLE; AND SANDRA L. MERLINO, Respondents.
cc: Peter Jason Helfrich Attorney General/Carson City Nye County Clerk
ORDER DENYING PETITION FOR WRIT OF MADAMUS
This original petition for a writ of mandamus seeks to direct the clerk of the Fifth Judicial District Court to file certain documents and return file-stamped copies of them to petitioner.
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). Whether to consider a writ petition is within this court's discretion. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). And 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. See NRAP 21(b)(1); Smith, 107 Nev. at 677, 818 P.2d at 851.
Having considered petitioner's request for appointment of counsel, we deny that request. See Rodriguez v. Eighth Judicial Dist. Court, 120 Nev. 798, 804-05, 102 P.3d 41, 45-46 (2004) (recognizing that the Sixth Amendment right to counsel applies only in criminal prosecutions). Additionally, we have reviewed the document appellant filed on February 22, 2017, and conclude that no relief is warranted based upon this submission. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Peter Jason Helfrich
Attorney General/Carson City
Nye County Clerk