PAMPLIN v. The State of Nevada, Real Party in Interest. (2020)

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original pro se petition for a writ of mandamus seeks a writ directing the district court to reverse and vacate its order denying petitioner’s postconviction habeas petition.

A writ of mandamus is available only when no plain, speedy, and adequate remedy exists in the ordinary course of law, NRS 34.170, and this court has repeatedly held that an appeal is an adequate remedy at law that precludes writ relief. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). It is petitioners burden to demonstrate that extraordinary relief is warranted. Pan v. Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Here, petitioner has not met that burden and has an adequate remedy at law by way of appeal from the order he challenges. NRS 34.170. Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   We further deny as moot petitioner’s request to take judicial notice of the federal judicial district court record in Pamplin v. Benedetti, No. 3:08-cv-00007—RCJ-VPC (D. Nev.).