MARTINEZ v. Paul Gilbert Martinez, Real Party in Interest. (2020)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original, emergency petition for a writ of mandamus or prohibition challenges a June 3, 2020, district court oral ruling granting real party in interest compensatory time with the parties’ minor child.

Having reviewed the petition and supporting documents,¹ we conclude that petitioner has not met her burden of demonstrating that our extraordinary intervention is warranted in this matter. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the petitioner bears the burden of showing that writ relief is warranted). Therefore, we decline to exercise our discretion to further consider this petition, Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that we have sole discretion in determining whether to entertain a writ petition), and we

ORDER the petition DENIED.

FOOTNOTES

1.   Problematically, it appears that the district court has not yet entered a written order reflecting its ruling on real party in interest's motion to enforce seeking compensatory time. See State, Div. Child & Fam. Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 451, 92 P.3d 1239, 1243 (2004) (stating that an order must be written, signed, and filed).