Opinion
No. 73178
07-11-2017
DASHAUN WRIGHT, Petitioner, v. THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WHITE PINE, Respondent.
cc: Dashaun Wright Attorney General/Carson City White Pine County Clerk
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order dismissing a civil rights complaint.
Having considered the petition and supporting documents, we conclude that petitioner has failed to meet his burden of demonstrating that extraordinary writ relief is warranted. See NRS 34.160 (providing that 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); NRS 34.170 (explaining that writ relief is generally not available when the petitioner has a plain, speedy, and adequate remedy at law); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioners carry the burden of demonstrating that extraordinary relief is warranted."). In this case, petitioner has an adequate remedy in the form of an appeal from the final judgment in the underlying matter. See Pan, 120 Nev. at 224, 88 P.3d at 841 (holding that an appeal is generally an adequate remedy precluding writ relief). Accordingly, we deny the petition. See NRAP 21(b)(1); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (providing that whether to consider a writ petition is discretionary).
To the extent the time to appeal from the challenged order may have expired, a petition for extraordinary relief will not lie to correct an untimely notice of appeal. See Pan, 120 Nev. at 224-25, 88 P.3d at 841. --------
It is so ORDERED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Dashaun Wright
Attorney General/Carson City
White Pine County Clerk