SHAHROKHI v. Kizzy Burrow, Real Party in Interest. (2020)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original, pro se petition for a writ of mandamus or prohibition challenges a district court order denying petitioner's second motion to disqualify Judge Mathew Harter and an order entered while the disqualification motion was pending.¹

Having reviewed the petition and accompanying appendix, we conclude that petitioner has not demonstrated that our extraordinary intervention is warranted at this time. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Moreover, an evidentiary hearing on the child custody issues in this matter is scheduled for next week, and if aggrieved, petitioner may appeal from any resulting appealable order. Therefore, we

ORDER the petition DENIED.²

FOOTNOTES

1.   The Honorable Michael P. Gibbons, Chief Judge, has voluntarily recused himself from participation in this matter.

2.   In light of this order, petitioner's emergency motion for stay and motion to take judicial notice are denied as moot.