P.3d 556, 558 (2008) (footnote omitted); see also NRS 34.160. A writ of prohibition is the "proper remedy to restrain a district judge from exercising a judicial function without or in excess of its jurisdiction." Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991); see also NRS 34.320. Either writ will issue only "where there is not a plain, speedy and adequate remedy in the ordinary course of law." NRS 34.170; NRS 34.330.

Petitioner Tony Morris Brandon fails to demonstrate that a duty was required by law or that the district court acted without or in excess of its jurisdiction. Furthermore, Brandon has a plain, speedy, and adequate remedy at law to address any alleged bias on the part of Judge Wanker in the form of a motion to disqualify See NRS 1.230. Although Brandon argues for review because the situation is capable of repetition yet evading review, we decline to exercise our discretion to review Brandon's petition. See Smith, 107 Nev. at 677, 818 P.2d at 851 (holding that "the issuance of a writ of mandamus or prohibition is purely discretionary with this court"). Accordingly, we ORDER the petition DENIED.

J.

Gibbons

J.

Pickering

SUPREME COURT OF NEVADA (0) 194Th 41e19 cc: Hon. Kimberly A. Wanker, District Judge Hon. Robert W. Lane, District Judge Hon. Jay T. Gunter, Justice of the Peace Wayne A. Pederson, P.C.

Attorney General/Carson City Mineral County Clerk

SUPREME COURT OF NEVADA (o) (947A