Opinion
No. 79477-COA
11-25-2019
ROBERT ANTHONY TOTMAN, Petitioner, v. SPARKS JUSTICE COURT, Respondent.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This is a petition for mandamus relief that seeks to compel the Sparks Justice Court to file a criminal complaint submitted by petitioner.
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. Indeed, petitioner has pointed to no authority demonstrating that a court clerk is required to file a private criminal complaint, thereby bypassing the normal channels for making and filing such a complaint. 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).
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Robert Anthony Totman
Attorney General/Carson City