GREENE v. The State of Nevada, Real Party in Interest. (2020)

ORDER DENYING PETITION

In this original petition for a writ of mandamus, Delbert Marshall Greene seeks a writ directing the Clerk of the Eighth Judicial District Court to file his motion to dismiss counsel of record.

A writ of mandamus is available to compel the performance of an act which the law requires as a duty resulting from an office, trust or station, NRS 34.160, or to control an arbitrary or capricious exercise of discretion, Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603, 637 P.2d 534, 536 (1981). Petitions for extraordinary writs are addressed to the sound discretion of the court, see State ex rel. Dep't of Transp. v. Thompson, 99 Nev. 358, 360, 662 P.2d 1338, 1339 (1983), and the “[p]etitioner[ ] carr[ies] 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 and supporting documents, we conclude Greene has failed to demonstrate this court's intervention by way of an extraordinary writ is warranted. Accordingly, without deciding upon the merits of any of the claims raised, we

ORDER the petition DENIED.