Opinion
No. 78988-COA
11-25-2019
STEVEN LARUE SCOTT, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KERRY LOUISE EARLEY, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is a petition for a writ of mandamus that seeks to compel the district court to enter a written order memorializing its oral denial of petitioner's motion for NRCP 60(b) relief.
A writ of mandamus is available to compel the performance of an act 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). Whether such a petition will be considered rests within our sound discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). And it is petitioner's burden to demonstrate that our 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 supporting documents, we conclude that petitioner has not demonstrated that our extraordinary intervention is warranted. See id. Accordingly, we decline to exercise our discretion and issue the relief requested in this matter, Smith, 107 Nev. at 677, 818 P.2d at 851, and we therefore deny the petition. NRAP 21(b)(1). Notwithstanding our denial of this petition, we are confident that the district court will enter a written order memorializing its ruling as expeditiously as possible, if it has not already done so.
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Kerry Louise Earley, District Judge
Steven Larue Scott
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk