Opinion
No. 70521
09-16-2016
PETER JASON HELFRICH, Petitioner, v. THE STATE OF NEVADA, Respondent.
cc: Peter Jason Helfrich Attorney General/Carson City Nye County Clerk
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This is an original pro se petition for a writ of mandamus or prohibition arising from a proceeding to terminate petitioner's parental rights.
Petitioner argues that respondent is attempting to defraud the district court by filing a petition to terminate his parental rights even though the related juvenile dependency proceeding has not been finally resolved. Having considered the petition, we conclude that petitioner has not demonstrated that our intervention by extraordinary writ relief is warranted. See NRS 128.020 (setting forth the district court's jurisdiction in proceedings to terminate parental rights); In re Parental Rights as to A.G., 129 Nev. 125, 131-33, 295 P.3d 589, 593-94 (2013) (describing the relationship between juvenile dependency proceedings and actions to terminate parental rights); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (stating that petitioner bears the burden of demonstrating that extraordinary relief is warranted). Moreover, petitioner can appeal if his parental rights are terminated. See NRAP 3A(b)(1) (allowing an appeal from a final judgment); Pan, 120 Nev. at 224, 88 P.3d at 841 (providing that an appeal is generally considered an adequate legal remedy precluding writ relief). Accordingly, we decline to intervene in this matter and we deny the petition. See NRAP 21(b)(1); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (stating that a petition for extraordinary writ relief is purely discretionary with this court).
It is so ORDERED.
/s/_________, C.J.
Parraguirre
/s/_________, J.
Hardesty
/s/_________, J.
Pickering cc: Peter Jason Helfrich
Attorney General/Carson City
Nye County Clerk