MCMAHON v. FIFTH JUDICIAL DISTRICT COURT IN AND FOR COUNTY OF NYE (2024)

ORDER DENYING MANDAMUS PETITION

This is an original pro se petition for a writ of mandamus seeking the dismissal of petitioner's counsel and the production of his case documents.

Petitioner was convicted of robbery with the use of a deadly weapon and sentenced to serve consecutive prison terms totaling 9-22.5 years in the aggregate. In his petition, petitioner claims that he has filed a motion in the Fifth Judicial District Court seeking to dismiss counsel and to compel counsel to provide him with his case documents. At the time of filing the instant petition, petitioner claims that he has waited several weeks and has yet to receive a response or have his motion resolved.

Petitioner has not provided this court with any documentation or exhibits in support of his petition and necessary for this court's consideration of the petition. See NRAP 21(a)(4) (providing that petitioners must submit an appendix containing all documents “essential to understand[ing] the matters set forth in the petition”). Petitioner bears the burden of showing that extraordinary relief is warranted. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). We conclude that petitioner has failed to demonstrate our intervention by extraordinary writ is warranted. Smith v. Eighth Jud. Dist. Ct., 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). Therefore, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). Accordingly, we

ORDER the petition DENIED.