Nevada Supreme Court, 2016

Orrock v. Dist. Ct. (Gardner)

Orrock v. Dist. Ct. (Gardner)
Nevada Supreme Court · Decided November 7, 2016

Orrock v. Dist. Ct. (Gardner)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DIANA V. ORROCK; BLAINE K. JONES; No. 71204 AND MARY ROONEY, Petitioners, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, AND THE HONORABLE MICHELLE FILED LEAVITT, DISTRICT JUDGE, NOV 07 2016 Respondents, ELIZABETH A. BROWN CLERK Of SUPREME COURT and By .VO4 DAVID GARDNER; DERECK W. DEPUTY CL ARMSTRONG; NICHOLAS D.

PHILLIPS; THE CLARK COUNTY REGISTRAR OF VOTERS, JOE P. GLORIA; AND THE CLARK COUNTY CLERK, LYNN GOYA, Real Parties in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This emergency petition for a writ of mandamus challenges a district court ruling denying petitioners' request to inspect ballots voted in the 2016 Clark County Republican primary for Assembly Districts 9, 21, and 41 and dismissing their election contests.

Having considered the petition, answers, reply and other documents before this court, we conclude that petitioners have not met their burden of demonstrating that extraordinary writ relief is warranted.

Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (providing that petitioner bears the burden of demonstrating that extraordinary relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (explaining that it is within this court's sole discretion to determine if a writ petition will be

considered). Petitioners have failed to provide this court with a written district court order, responses to the statements of contest below, and transcripts of the district court hearing, and therefore, we are unable to adequately evaluate the reason for the district court's decision. See NRAP 21(a)(4) (requiring petitioner to submit any district court order and parts of the record essential to understand the matters set forth in the petition); Pan, 120 Nev. at 228-29, 88 P.3d at 844. Moreover, the arguments and information that were provided do not demonstrate that the district court's decision was arbitrary or capricious or that petitioners are otherwise entitled to relief. Int'l Game Tech., Inc. v. Second Judicial Dist.

Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008); see NRS 34.160.

Accordingly, we ORDER the petition DENIED. 1

Parraguirre

J.

Hardesty

cc: Hon. Michelle Leavitt, District Judge Hansen Rasmussen, LLC Koch & Scow, LLC Clark County District Attorney/Civil Division Eighth District Court Clerk

'Real parties in interest's request for fees and costs is denied without prejudice to seek reimbursement for such expenses in the district court.

SUPREME COURT OF NEVADA (0) 1947A <941

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