Stapleton (James) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES STAPLETON, No. 71570 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF CLARK; FILED AND THE HONORABLE CAROLYN

ELLSWORTH, DISTRICT JUDGE, JAN 1 2 2017 Respondents, ELIZABETH A. BROWN CLERK OF SUPREME COURT and

DEPUTY CLERK THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION

This petition for a writ of mandamus asks this court to order the district court to consider petitioner's ex parte application for medical records on the merits. Having reviewed petitioner's arguments and the documents submitted, we conclude that petitioner has not demonstrated that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioned I carr[ies] the burden of demonstrating that extraordinary relief is warranted."). Petitioner has not identified any legal authority supporting his claim that the district court must hear his application ex parte, see NRS 34.160 (providing that a writ of mandamus may issue to compel performance of "an act which the law especially enjoins as a duty resulting from an office, trust or station"), and he has not shown that the district court arbitrarily or capriciously exercised or manifestly abused its discretion, see State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev. 927, 931-32, 267 P.3d 777, 780 (2011) (defining arbitrary or capricious exercise of discretion and manifest abuse of discretion in the context of mandamus). Moreover, SUPREME COURT

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Kb 1947A e 17-011 ?6 petitioner has an adequate legal remedy, as an interlocutory decision of the district court may be challenged on direct appeal if petitioner is convicted. See NRS 34.170; NRS 177.045; see also Mitchell v. Eighth Judicial Dist. Court, 131 Nev., Adv. Op. 21, 359 P.3d 1096, 1099 (2015) (concluding that extraordinary writs are generally not available to challenge discovery orders because such orders can be adequately challenged on appeal but recognizing writ relief may be warranted where a pretrial order allows discovery of privileged information).

Accordingly, we

ORDER the petition DENIED.

J.

Gibbons

Pickering cc: Hon. Carolyn Ellsworth, District Judge

Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

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