Nevada Supreme Court, 2019

Arpino (John) v. the Second Jud. Dist. Ct.

Arpino (John) v. the Second Jud. Dist. Ct.
Nevada Supreme Court · Decided January 31, 2019

Arpino (John) v. the Second Jud. Dist. Ct.

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NEVADA EX REL. JOHN FRANCIS No. 77632 ARPIN°, Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE JAN 3 1 2019 Liza. BROWN BARRY L. BRESLOW, DISTRICT 2141oF SuPREMptRn r.oar0,di JUDGE, DEPUTY CLERK Respondents.

ORDER DENYING PETITION FOR WRIT OF PROHIBITION This original pro se petition for a writ of prohibition challenges the district court's ability to enforce an April 13, 2016, vexatious litigant order and asks that the order be removed and stricken from the record.' Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is

'Petitioner has filed documents seeking correction of the caption and file-stamped copies of his petition and attachments. Although the State does not appear to bear an interest in this matter, neither any statute nor any court rule requires writ petitions to be captioned in the name of the State, and it is no longer "the universal rule of practice" to caption petitions such, we direct the clerk of this court to modify this docket's caption to reflect the caption on the petition and this order. Cf. State u. District Court, 51 Nev. 206, 273 P. 659, 660 (1929); State v. Curler, 26 Nev. 347, 67 P. 1075, 1076 (1902), 55 C.J.S. Mandamus § 339 (2015); 72A C.J.S. Prohibition § 10 (2015). The clerk of this court shall also mail petitioner a file-stamped copy of his petition and attachments.

SUPREME COURT OF NEVADA 161-94113- (0) 1947A e warranted. Pan u. Eighth Judicial Dist. Court, 120 Nev, 222, 228, 88 P.3d 840, 844 (2004); Smith u. Eighth Judicial Dist, Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991); see Arpino v. Washoe Cty. Bd. of Comni'rs, Docket Nos. 70429-COA & 70494-COA (January 30, 2017, Order of Affirmance). Accordingly, we ORDER the petition DENIED.

Pickering Picky: tidy S Hardesty eo—A ,J

cc: Hon. Barry L. Breslow, District Judge John Francis Arpin° Attorney General/Carson City Washoe District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A e 2

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