DEVIN EVERETT MARTIN v. THE STATE OF NEVADA (2023)

ORDER DENYING PETITION

This is an original pro se petition for a writ of mandamus and/or prohibition asking this court to compel the production of transcripts and other documents at the State's expense.

Petitioner bears the burden of showing that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). We note that petitioner has not provided this court with any exhibits or documents in support of his petition. See NRAP 21(a)(4) (providing that petitioner shall submit an appendix containing all documents “essential to understand[ing] the matters set forth in the petition”).

We conclude that petitioner has failed to demonstrate our intervention by extraordinary writ is warranted. Therefore, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b).

Accordingly, we

ORDER the petition DENIED.¹

Stiglich, C.J.

Cadish, J.

Herndon, J.

FOOTNOTES

1.   Petitioner has failed to provide proof of service upon respondent, thus constituting an additional reason to deny the petition.