SONIA LOPEZ v. THE EX OFFICIO OFFICE OF THE LAS VEGAS CONSTABLE (2024)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This is a pro se emergency petition for a writ of mandamus or prohibition challenging the Ex Officio Office of Las Vegas Constable as unconstitutional, among other related matters.¹ Appellant also seeks an emergency stay of eviction.

A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control an arbitrary or capricious exercise of discretion. See NRS 34.160; Int'l Game Tech., Inc. v. Second Jud. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of prohibition may curb acts undertaken without or in excess of jurisdiction. NRS 34.320. 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 to show that extraordinary relief is warranted. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having reviewed the petition, we conclude that our extraordinary intervention is not warranted. NRAP 21(b); see generally Bonaventura v. Bd. of Cnty. Comm'rs, No. 65898, 2015 WL 8187534 (Nev. Dec. 2, 2015). Additionally, petitioner has not submitted an appendix with the materials essential to understanding the petition. See NRAP 21(a)(4). Accordingly, we decline to further consider this petition and

ORDER the petition DENIED.²

Cadish, C.J.

Stiglich, J.

Herndon, J.

FOOTNOTES

1.   Appellant's motion for leave to proceed in forma pauperis is granted. Therefore, the filing fee in this matter is waived. NRAP 21(g); NRAP 24(a)(5).

2.   In light of this order, petitioner's emergency motion for stay is denied.