ANDRE PIERRE HARRIS EL BEY v. LAS VEGAS JUSTICE COURT MELANIE TOBIASSON FOR LAS VEGAS JUSTICE COURT THE HONORABLE SUZAN BAUCUM FOR LAS VEGAS JUSTICE COURT THE HONORABLE NADIA WOOD FOR LAS VEGAS JUSTICE COURT CLARK COUNTY DISTRICT ATTORNEY OFFICE OFFICE OF DISTRICT ATTORNEY AND ATTORNEY GENERAL OF THE STATE OF NEVADA (2024)

ORDER DENYING PETITION

This original pro se petition for a writ of mandamus and prohibition seeks to compel the justice court to halt court proceedings, quash a warrant, dismiss the case, grant summary judgment on his civil rights claims, and issue an injunction against further civil rights violations.

The decision to entertain a petition for extraordinary writ relief lies within the discretion of this court. Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). A writ of mandamus is available only to compel the performance of a legally required act or to cure an arbitrary and capricious exercise of discretion. Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). “This court may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction.” NRS 34.320; Smith, 107 Nev. at 677, 818 P.2d at 851. Whether a petition for extraordinary writ relief will be entertained rests within this court's sound discretion. D.R. Horton, Inc. v. Eighth Jud. Dist. Ct., 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioner bears the burden of demonstrating that extraordinary relief is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having reviewed the petition and the limited documents provided in support by petitioner, we conclude, without reaching the merits of any claims, that petitioner has failed to meet his burden of demonstrating that extraordinary relief is warranted. Accordingly, we

ORDER the petition DENIED.

Cadish, C.J.

Stiglich, J.

Herndon, J.