IN THE SUPREME COURT OF THE STATE OF NEVADA

WILLIAM CARL MISIEWICZ, No. 64792 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE NOV 14 2014 DOUGLAS SMITH, DISTRICT JUDGE, TRACE K. LINDEMAN CLERK OF SUPREME COUR T Respondents, EY and DEPUTY CLERK THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF PROHIBITION This is a proper person original petition for a writ of prohibition challenging a district court order labeling petitioner a vexatious litigant.

This court may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. NRS 34.320.

Whether to consider a writ petition is within this court's discretion, Smith v. Eighth Judicial Din. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and petitioner bears the burden of demonstrating that this court's extraordinary intervention is warranted. Pan v. Eighth Judicial Din.

Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Writ relief is typically available only when there is no plain, speedy, and adequate remedy in the ordinary course of law, NRS 34.330, and the right to an appeal is generally an adequate legal remedy precluding writ relief. Pan, 120 Nev. at 224, 88 P.3d at 841.

SUPREME COURT OF NEVADA

(0) I947A Having considered the petition,' we conclude that petitioner has not demonstrated that our intervention by way of extraordinary relief is warranted. Smith, 107 Nev. at 677, 818 P.2d at 851; see also NRAP 21(b)(1). Accordingly, we ORDER the petition DENIED. 2

J.

Hardesty

Douglas

cc: Hon. Douglas Smith, District Judge William Carl Misiewicz Clark County District Attorney/Civil Division Eighth District Court Clerk

'Petitioner did not file an appendix in support of his petition.

2 0n January 13, 2014, petitioner filed a motion seeking leave of this court to file his petition for writ of prohibition, but because his petition has already been filed and considered by this court, we deny the motion as moot.

SUPREME COURT OF NEVADA (0) I947A e