Opinion
No. 81791-COA
09-18-2020
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; AND THE HONORABLE MATHEW HARTER, DISTRICT JUDGE, Respondents, and KIZZY BURROW, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original, pro se petition for a writ of mandamus or prohibition challenges a district court order denying petitioner's second motion to disqualify Judge Mathew Harter and an order entered while the disqualification motion was pending.
The Honorable Michael P. Gibbons, Chief Judge, has voluntarily recused himself from participation in this matter.
Having reviewed the petition and accompanying appendix, we conclude that petitioner has not demonstrated 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 party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Moreover, an evidentiary hearing on the child custody issues in this matter is scheduled for next week, and if aggrieved, petitioner may appeal from any resulting appealable order. Therefore, we
In light of this order, petitioner's emergency motion for stay and motion to take judicial notice are denied as moot.
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Linda Marie Bell, Chief Judge
Hon. Mathew Harter, District Judge
Ali Shahrokhi
Standish Law
Eighth District Court Clerk