Opinion
No. 73397
10-30-2017
JOHN RANDALL QUINTERO, Petitioner, v. CONNIE S. BISBEE, CHAIRPERSON, NEVADA BOARD OF PAROLE COMMISSIONERS; DWAYNE DEAL, DIRECTOR, NDOC OFFENDER MGMT. DIVISION; AND JAMES WRIGHT, DIRECTOR, DEPARTMENT OF PUBLIC SAFETY, Respondents.
cc: John Randall Quintero Attorney General/Carson City
ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND PROHIBITION
This original petition for writs of mandamus and prohibition seeks an order directing respondents to take various actions.
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). This court has discretion as to whether to entertain a petition for extraordinary relief and will not do so when the petitioner has a plain, speedy, and adequate remedy at law. NRS 34.170; NRS 34.330; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). 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); D.R. Horton, 123 Nev. at 475, 168 P.3d at 737.
It is so ORDERED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: John Randall Quintero
Attorney General/Carson City