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Bennett GRIMES, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Michelle Leavitt, District Judge, Respondents, The State of Nevada, Real Party in Interest.
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 grant petitioner's motion to correct an illegal sentence.
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”).
We reiterate that “[p]etitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted.” Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). A writ of mandamus will not issue when petitioner has a “plain, speedy and adequate remedy in the ordinary course of law.” Gumm v. State, Dep't of Educ., 121 Nev. 371, 375, 113 P.3d 853, 856 (2005); NRS 34.170. Petitioner has not established that an eventual appeal does not afford an adequate legal remedy. Pan, 120 Nev. at 224, 88 P.3d at 841 (“[T]he right to appeal is generally an adequate legal remedy that precludes writ relief.”). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 81531
Decided: September 03, 2020
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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