IN THE SUPREME COURT OF THE STATE OF NEVADA

EMANUEL DAVIS, No. 80550 Petitioner, vs. THE FIFTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE, Respondent.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

In this original pro se petition for a writ of mandamus, petitioner alleges that the district court has failed to act on a postconviction petition for a writ of habeas corpus he filed below and petitioner seeks relief in this court.

Problematically, petitioner has not provided this court with exhibits or other documentation that would support his claims for relief.

See NRAP 2 1(a)(4) (providing the petitioner shall submit an appendix containing all documents "essential to understand the matters set forth in the petition"). Therefore, without deciding the merits of the claims raised, we•decline to exercise our original jurisdiction in this matter. See NRAP 2 1 (b) .1

1We take no action on the motion to waive filing fees. The filing fee was waived upon docketing of the petition.

70 -01977$9 We reiterate that "[p]etitioned cardies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Accordingly, we ORDER the petition DENIED.2

A ,c.J.

Pickering

AeA-A fie2-4in J.

Hardesty Cadish

cc: Emanuel Davis Attorney General/Carson City Nye County District Attorney Nye County Clerk

2We are confident that the district court will resolve all pending matters as expeditiously as its calendar permits.

SUPREME COURT OF NEVADA (0) 1947A vtaiipo 2 %AL: