Opinion
No. 64332
12-17-2013
DESIREE LUCIDO, Petitioner, v. BRETT BIAVA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 PROHIBITION OR MANDAMUS
This is a proper person petition for a writ of prohibition or mandamus seeking an order directing the district court to randomly reassign a child custody action.
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). This court may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. See NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). It is within this court's sole discretion to determine if a writ petition will be considered. Smith, 107 Nev. at 677, 818 P.2d at 851. Petitioner bears the burden of demonstrating that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
Having considered the petition, we conclude that our intervention by extraordinary writ relief is not warranted. See NRS 34.160; NRS 34.320; Pan, 120 Nev. at 228, 88 P.3d at 844; see also NRAP 21(b)(1). Accordingly, we
ORDER the petition DENIED.
_______________, C.J.
Pickering
_______________, J.
Hardesty
_______________, J.
Cherry
cc: Desiree Lucido
Kristina C. Kirigin
Eighth District Court Clerk