DAVIS v. FIFTH JUDICIAL DISTRICT COURT IN AND FOR COUNTY OF NYE (2020)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

In this original pro se petition for a writ of mandamus, petitioner alleges that the district court has failed to act on a postconviction petition for a writ of habeas corpus he filed below and petitioner seeks relief in this court.

Problematically, petitioner has not provided this court with exhibits or other documentation that would support his claims for relief. See NRAP 21(a)(4) (providing the petitioner shall submit an appendix containing all documents “essential to understand the matters set forth in the petition”). Therefore, without deciding the merits of the claims raised, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b).¹

We reiterate that “[p]etitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted.” Pan v. Eighth Judicial Dish Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Accordingly, we

ORDER the petition DENIED.²

FOOTNOTES

1.   We take no action on the motion to waive filing fees. The filing fee was waived upon docketing of the petition.

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