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King v. First Judicial Dist. Court of State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 28, 2018
No. 75092 (Nev. App. Mar. 28, 2018)

Opinion

No. 75092

03-28-2018

MATTHEW JAMES KING, Petitioner, v. THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CARSON CITY, Respondent, and THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; SGT. MILLER, C/O E. WILLIAMS, Real Parties in Interest.


ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus seeks an order directing real parties in interest to return seized property.

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). Writ relief is typically not available, however, when the petitioner has a plain, speedy, and adequate remedy at law. See NRS 34.170; Int'l Game Tech., 124 Nev. at 197, 179 P.3d at 558. Moreover, whether to consider a writ petition is within this court's discretion. 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, we conclude that petitioner has failed to demonstrate 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.

It is so ORDERED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Matthew James King

Attorney General/Carson City

Carson City Clerk


Summaries of

King v. First Judicial Dist. Court of State

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 28, 2018
No. 75092 (Nev. App. Mar. 28, 2018)
Case details for

King v. First Judicial Dist. Court of State

Case Details

Full title:MATTHEW JAMES KING, Petitioner, v. THE FIRST JUDICIAL DISTRICT COURT OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 28, 2018

Citations

No. 75092 (Nev. App. Mar. 28, 2018)