Opinion
No. 62922
2013-10-17
JERRY L.O., Petitioner, v. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE DEBORAH SCHUMACHER, DISTRICT JUDGE, Respondents, and WASHOE COUNTY DEPARTMENT OF SOCIAL SERVICES, Real Party 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 CERTIORARI
This is a proper person original petition for a writ of certiorari challenging the sufficiency of notice of a protective custody hearing in a dependency proceeding. Petitioner seeks dismissal of the action and the release of the minor child to his custody.
A writ of certiorari is available when an inferior tribunal, board, or judicial officer has exceeded its jurisdiction. See NRS 34.020(2). Petitioner has the burden of demonstrating that our extraordinary intervention is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). The issuance of an extraordinary writ is purely discretionary with this court. Dangberg Holdings Nev., LLC v. Douglas Cnty. and its Bd. of Cnty. Comm'rs, 115 Nev. 129, 138, 978 P.2d 311, 316 (1999); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991).
Having reviewed the petition and the answer to the petition, we conclude that our intervention by extraordinary writ is not warranted. See Pan, 120 Nev. at 228, 88 P.3d at 844; Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we
We deny the motion to seal filed by real party in interest. Other than redacting petitioner's name in this order, we are not persuaded that the grounds for sealing or redacting this entire file have been established. See SRCR 3(4). We also deny as moot petitioner's motion for a stay, and deny all other requests for relief asserted in petitioner's multiple filings in this court.
_______________, J.
Hardesty
_______________, J.
Parraguirre
_______________, J.
Cherry
cc: Hon. Deborah Schumacher, District Judge, Family Court Division
Cynthia C. Lu, Court Master, Family Court Division
Jerry L.O.
Washoe County District Attorney
Washoe District Court Clerk