HAROLD MONTAGUE v. THE STATE OF NEVADA (2023)

ORDER OF AFFIRMANCE

Harold E. Montague appeals from an order of the district court denying a petition for a writ of mandamus filed on December 1, 2022. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.

Montague filed a pro se pleading entitled “emergency petition for a writ of mandamus” in the district court. “Petitioners carry the burden of demonstrating that extraordinary relief is warranted.” Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). This court reviews a district court decision denying writ relief for an abuse of discretion. Koller v. State, 122 Nev. 223, 226, 130 P.3d 653, 655 (2006). Montague's bare pleading did not specify from which entity he sought relief or make any specific request for relief. Accordingly, we conclude the district court did not abuse its discretion by denying Montague's petition. See NRS 34.160 (providing for when a writ may issue).

Montague raises several claims on appeal, none of which appeared in his pleading below. We decline to consider these claims in the first instance. See McNelton v. State, 115 Nev. 396, 415-16, 990 P.2d 1263, 1275-76 (1999). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.