ROCHELLE MEZZANO v. JOHN TOWNLEY (2023)

ORDER DENYING PETITION FOR WRIT OF PROHIBITION

This emergency, pro se original petition for a writ of prohibition challenges the district court's jurisdiction to proceed with a divorce action despite the filing of a notice of removal.

Having considered the petition and supporting documents, we conclude that our extraordinary and discretionary intervention is not warranted. 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); NRS 34.320. In particular, the operative federal court order in this matter determined that petitioner failed to remove the divorce action to federal court, such that the notice of removal does not deprive the state court of jurisdiction. Accordingly, we

ORDER the petition DENIED.

Stiglich, C.J.

Cadish, J.

Herndon, J.