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TRAVIS E. SHETLER, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE VINCENT OCHOA, DISTRICT COURT JUDGE, Respondents, and BRENDA C. SHETLER, Real Party in Interest.
ORDER DENYING PETITION FOR A WRIT OF MANDAMUS
This original petition for a writ of mandamus challenges a district court order denying a motion to disqualify a family law judge.
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). This court has previously recognized “that a petition for a writ of mandamus is the appropriate vehicle to seek disqualification of a judge.” Towbin Dodge, LLC v. Eighth Jud. Dist. Ct., 121 Nev. 251, 254-55, 112 P.3d 1063, 1066 (2005). Nevertheless, 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, 224, 228, 88 P.3d 840, 841, 844 (2004).
Having reviewed the petition and accompanying documents, we are not persuaded that our extraordinary and discretionary intervention is warranted. Accordingly, we
ORDER the petition DENIED.
Herndon, C.J.
Parraguirre, J.
Stiglich, J.
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Docket No: No. 90436
Decided: April 29, 2025
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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