Douglas (Earl) Vs. Dist. Ct. (State)

Nevada Supreme Court

Douglas (Earl) Vs. Dist. Ct. (State)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EARL EDWARD DOUGLAS, No. 80080 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE FILED CONNIE J. STEINHEIMER, DISTRICT DEC 0 4 2019 JUDGE, ELIZABETH A. BROWN Respondents, CLERI9F SUPREME COURT By /o and DEPUTY CLE-I l itn- THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a November 5, 2019, district court order remanding petitioner to Lakes Crossing for a determination of petitioner's ability to receive treatment to attain competence. Having reviewed th6 petition and supporting documentation, we conclude that our extraordinary intervention is not warranted at this time. See NRS 34.160; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (explaining that petitioners bear 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) C[T]he issuance of a writ of mandamus or prohibition is purely discretionary with SUPREME COURT OF NEVADA

(0) 1947A 0/011. this court."). Accordingly, we deny the instant writ petition without prejudice. It is so ORDERED.'

J. Pickering

J. Pa raguirre

640,41 J. Cadish

cc: Hon. Connie J. Steinheimer, District Judge Routsis Hardy-Cooper Richard F. Cornell Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

'In light of this order, petitioner's emergency motion for stay is denied o as moot. We note, however, that petitioner failed to demonstrate that filing the motion for stay in the district court in the first instance was impracticable, as petitioner had three weeks between the date of the district court's order and when he filed the emergency motion for stay in this court. See NRAP 8(a)(2)(A)(i).

SUPREME CouRT OF NEVADA 2 (0) 1947A

.60, 11

Reference

Status
Published