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Shahrokhi v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 6, 2020
457 P.3d 977 (Nev. App. 2020)

Opinion

No. 80447-COA

02-06-2020

Ali SHAHROKHI, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; the Honorable Linda Marie Bell, Chief Judge; and the Honorable Mathew Harter, District Judge, Respondents, and Kizzy Burrow, Real Party in Interest.

Ali Shahrokhi Standish Law


Ali Shahrokhi

Standish Law

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original, pro se petition for a writ of mandamus or prohibition challenges a November 18, 2019, district court order denying petitioner’s motion to disqualify Judge Mathew Harter and a July 16, 2019, district court order limiting contact with real party in interest’s attorney. Petitioner has also filed a motion to stay the district court proceedings, and a subsequent motion to stay a January 16, 2020, district court order concerning school pick-ups, pending our consideration of this writ petition.

Having reviewed the petition and supporting documents, we conclude that petitioner has not met his burden of demonstrating that our extraordinary intervention is warranted at this time. See Pan v . Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the petitioner bears the burden of showing that writ relief is warranted); see also NRS 1.230 ; NCJC 2.11(A) & cmt. 4A; City of Las Vegas Downtown Redev. Agency V. Eighth Judicial Dist. Court, 116 Nev. 640, 644-45, 5 P.3d 1059, 1062 (2000). Therefore, we decline to exercise our discretion to further consider this petition. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that we have sole discretion in determining whether to entertain a writ petition). In light of this order and the upcoming evidentiary hearing on the parties’ custody motions, we decline to address petitioner’s emergency motions for stay. Accordingly, we

Petitioner’s January 24 and February 3, 2020, motions for leave to file appendices under seal are granted, as the district court record was sealed below. SRCR 7. Therefore, the clerk of this court shall file under seal the appendices provisionally received on January 24 and February 3, 2020.

ORDER the petition DENIED.


Summaries of

Shahrokhi v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Feb 6, 2020
457 P.3d 977 (Nev. App. 2020)
Case details for

Shahrokhi v. Eighth Judicial Dist. Court

Case Details

Full title:ALI SHAHROKHI, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Feb 6, 2020

Citations

457 P.3d 977 (Nev. App. 2020)