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RAEANN HARTSELL, Petitioner, v. THE FOURTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ELKO; AND THE HONORABLE MASON E. SIMONS, DISTRICT JUDGE, Respondents, ELKO COUNTY DISTRICT ATTORNEY TYLER INGRAM, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of prohibition or mandamus seeks a writ directing the Fourth Judicial District Court to dismiss a petition challenging petitioner's candidacy for office on two grounds: (1) that there is a jurisdictional defect in the service of the notice and order to show cause and (2) that there is a jurisdictional defect in the petition because the underlying initiating challenge was not filed with the required filing officer, the Elko County Clerk.
Having considered the petition, we are not convinced that our extraordinary and discretionary intervention is warranted. See NRS 34.170; NRS 34.330; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (writ relief is proper only when there is not a plain, speedy, and adequate remedy at law and the petitioner bears the burden to demonstrate that extraordinary relief is warranted); Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 681, 476 P.3d 1194, 1197 (2020) (“Because mandamus is an extraordinary remedy, this court does not typically employ it where ordinary means, already afforded by law, permit the correction of alleged errors.”). Accordingly, we
ORDER the petition DENIED.
Cadish, C.J.
Stiglich, J.
Herndon, J.
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Docket No: No. 88469
Decided: April 19, 2024
Court: Supreme Court of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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