Opinion
No. 64728
02-05-2014
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original proper person petition for a writ of mandamus challenges a district court order denying petitioner's peremptory challenge of a judge.
A writ of mandamus is available to compel the performance of an act that the law requires or to control an arbitrary or capricious exercise of discretion. Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). It is petitioner's burden to demonstrate that this court's extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition and attached documents, we conclude that our extraordinary intervention is not warranted. Id. Specifically, petitioner's peremptory challenge was denied on the ground that the district court judge had already ruled on a contested matter. See SCR 48.1(5) ("A notice of peremptory challenge may not be filed against any judge who has made any ruling on a contested matter . . . ."). Accordingly, writ relief is not warranted, Int'l Game Tech., Inc., 124 Nev. at 197, 179 P.3d at 558, and we
ORDER the petition DENIED.
__________
Ricekering
__________
Parraguirre
__________
Saitta
cc: Hon. Patrick Flanagan, District Judge
Danny L. Hughes
Goedert & Associates
Washoe District Court Clerk