ANTHONY BURRIOLA v. NDOC AND THE STATE OF NEVADA (2025)

ORDER DENYING PETITION

This is a pro se petition for a writ of mandamus that would direct the district court to issue a final ruling in a pending civil action. 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). Whether a petition for extraordinary writ relief will be entertained rests within this court's sound discretion, D.H. Horton, Inc. v. Eighth Jud. Dist. Ct., 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007), and petitioner bears the burden to show that extraordinary relief is warranted, see Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004).

Having considered the petition, we are not persuaded that our extraordinary intervention is warranted, and we note that petitioner has not provided this court with the information necessary to support his claims for relief. See NRAP 21(a)(4) (providing that the petitioner shall submit an appendix containing all documents “essential to understand the matters set forth in the petition”). Accordingly, we

ORDER the petition DENIED.¹

Herndon, C.J.

Parraguirre, J.

Stiglich, J.

FOOTNOTES

1.   We are confident that the district court will resolve all pending matters as expeditiously as its calendar permits.