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Hughes v. Second Judicial Dist. Court of Nev.

SUPREME COURT OF THE STATE OF NEVADA
Feb 5, 2014
No. 64728 (Nev. Feb. 5, 2014)

Opinion

No. 64728

02-05-2014

DANNY L. HUGHES, Petitioner, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE PATRICK FLANAGAN, DISTRICT JUDGE, Respondents, and KAREN H. JOHNSON; WILLIAM B. JOHNSON, A HUSBAND AND WIFE D/B/A JOHNSON BEARING SUPPLY AND U.S. COLLARS LTD., Real Parties in Interest.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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

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Saitta
cc: Hon. Patrick Flanagan, District Judge

Danny L. Hughes

Goedert & Associates

Washoe District Court Clerk


Summaries of

Hughes v. Second Judicial Dist. Court of Nev.

SUPREME COURT OF THE STATE OF NEVADA
Feb 5, 2014
No. 64728 (Nev. Feb. 5, 2014)
Case details for

Hughes v. Second Judicial Dist. Court of Nev.

Case Details

Full title:DANNY L. HUGHES, Petitioner, v. THE SECOND JUDICIAL DISTRICT COURT OF THE…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Feb 5, 2014

Citations

No. 64728 (Nev. Feb. 5, 2014)