Learn About the Law
Get help with your legal needs
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.
ROY DANIELS MORAGA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges a district court minute order denying a motion for production of documents under the freedom of information act.
This court has original jurisdiction to issue writs of mandamus, and the issuance of such extraordinary relief is solely within this court's discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioner bears the burden to show that extraordinary relief is warranted, and such relief is proper only when there is no plain, speedy, and adequate remedy at law. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). Here, petitioner has a plain, speedy, and adequate remedy at law by way of filing a postconviction petition for such relief in the district court in the first instance. Thus, having considered the petition, we are not persuaded that our extraordinary intervention is warranted.
Additionally, while petitioner provided a copy of a minute order, he has not supplied a copy of a written district court order memorializing such ruling. See Rust v. Clark Cty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (explaining that a written order signed and filed by the district court is essential to this court's review); see also NRAP 21(a)(4) (stating that it is the petitioner's obligation to provide an appendix that includes all records that may be essential to understand the matters set forth in the petition). Accordingly, we
ORDER the petition DENIED.
Hardesty, C.J.
Parraguirre, J.
Stiglich, J.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 85720
Decided: December 30, 2022
Court: Supreme Court of Nevada.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
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.
Search our directory by legal issue
Enter information in one or both fields (Required)