BRIAN KERRY KEEFE v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF CLARK AND THE HONORABLE JENNIFER SCHWARTZ DISTRICT JUDGE (2025)

ORDER DENYING PETITION

This is a pro se original petition for a writ of mandamus asking this court to compel the district court to consider petitioner's petition for a writ of coram vobis. 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 reviewed the petition, we are not persuaded that our extraordinary intervention is warranted. See NRS 34.170; Pan, 120 Nev. at 224, 88 P.3d at 841; see also O'Keeffe v. Eighth Jud, Dist. Ct., No. 88390, 2024 WL 1985810 (Nev. May 3, 2024) (Order Denying Petition) (denying petitioner's similar petition for original writ relief). Accordingly, we

ORDER the petition DENIED.

Herndon, C.J.

Parraguirre, J.

Stiglich, J.