BRIANNA BLACK v. MARKUS EDWARD WHITE (2023)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

In this original petition for a writ of mandamus, Brianna Black seeks an order compelling the district court to consider her motion to modify custody.

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 or to control an arbitrary or capricious exercise of discretion. NRS 34.160; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Further, mandamus is an extraordinary remedy, and it is within the discretion of this court to determine if a petition will be considered. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Petitioner bears 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).

Having considered the petition, we conclude that petitioner has not demonstrated that our extraordinary intervention is warranted. See id.; Smith, 107 Nev. at 677, 818 P.2d at 851. Accordingly, we deny the petition.

It is so ORDERED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.