MATTHEW TRAVIS HOUSTON v. THE STATE OF NEVADA (2023)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This is a pro se original petition for a writ of mandamus seeking to compel the district court to vacate a judgment of conviction.

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). An appeal is generally an adequate remedy precluding writ relief. Id. at 224, 88 P.3d at 841. Even when an appeal is not immediately available because the challenged order is interlocutory in nature, the fact that the order may ultimately be challenged on appeal from a final judgment generally precludes writ relief. Id. at 225, 88 P.3d at 841.

Having considered the petition, we are not persuaded that our extraordinary intervention is warranted. To begin, petitioner has not supplied an appendix with all records that may be essential to understanding the petition, including copies of any written district court orders denying petitioner relief. See Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686, 689, 747 P.2d 1380, 1382 (1987) (explaining that written orders signed and filed by the district court are 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). In addition, petitioner has not demonstrated that he lacks a plain, speedy, and adequate remedy. Accordingly, we

ORDER the petition DENIED.¹

Stiglich, C.J.

Cadish, J.

Herndon, J.

FOOTNOTES

1.   In light of our disposition of the petition, the pro se motions filed on February 10, 2023, February 13, 2023, and February 15, 2023, are denied as moot.