IN THE SUPREME COURT OF THE STATE OF NEVADA

STEVEN LARUE SCOTT, No. 70623 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE ERIC JUL 32O JOHNSON, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original pro se petition for a writ of mandamus challenges a "Notice of Stay Pending Nevada Supreme Court Appeal" filed in district court by real party in interest.

Petitioner asks this court to "determine an adequate remedy" in the event that "the injunction (stay) was illegally imposed on petitioner." Despite the title of real party in interest's notice, no stay order has been entered in district court. Regardless, petitioner has exercised his appeal rights by appealing from the order dismissing his complaint, see Scott v. Cam by, Docket No. 70093, and any error with the order dismissing petitioner's complaint will be reviewed in the context of that appeal. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (explaining that the right to appeal provides an adequate legal remedy precluding writ relief). In the event petitioner's appeal was filed before the district court resolved a timely filed tolling SUPREME COURT OF NEVADA

(0) 1947A 4Va, motion, that appeal will be dismissed as premature and the district court retains jurisdiction to resolve petitioner's motion for reconsideration. As petitioner has not met his burden of demonstrating that writ relief is warranted, Pan, 120 Nev. at 228, 88 P.3d at 844, we ORDER the petition DENIED.

Gibbons

cc: Hon. Eric Johnson, District Judge Steven Larue Scott Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 1947A