SHAHROKHI v. Kizzy Burrow, Real Party in Interest. (2023)

ORDER DENYING PETITION

This is a pro se original petition for a writ of mandamus or prohibition challenging a district court order regarding child custody. In particular, petitioner argues that the child custody order, which was entered in October 2020, awards real party in interest sole physical custody without making adequate findings justifying the custody determination.

Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. See NRS 34.160; NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679. 818 P.2d 849, 851, 853 (1991). Petitioner has previously, and unsuccessfully, challenged on appeal the custody order, and has advanced the same argument he now raises in this appeal. Writ relief, however, is not a vehicle to bring an untimely and successive challenge to a prior appellate ruling. Cf. Pan, 120 Nev. at 224-25, 88 P.3d at 841 (providing that “writ relief is not available to correct an untimely notice of appeal”). To the extent that petitioner asserts that recent caselaw warrants relief from the child custody order, petitioner fails to demonstrate that he lacks a plain, speedy, and adequate legal remedy to pursue such relief in the district court.¹ See id. at 224, 88 P.3d at 841; cf. NRCP 60(b). Accordingly, we

ORDER the petition DENIED.²

FOOTNOTES

1.   Petitioner's assertion that Nevada courts lack jurisdiction over the child custody matter due to the parties’ out-of-state relocation does not warrant writ relief, and regardless, petitioner has failed to include any support for this point in the appendix. NRAP 21(a)(4) (requiring petitioner to supply the court with any documents necessary to understand the matter in the petition).

2.   In light of this order, we deny as moot petitioner's “motion to file appendix under seal as the district court case is sealed.” The clerk of this court shall return, unfiled, the appendix received on September 22, 2023.