Reberger (Lance) Vs. Dist. Ct. (State)
Reberger (Lance) Vs. Dist. Ct. (State)
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
LANCE REBERGER, No. 83310 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, HLED IN AND FOR THE COUNTY OF CLARK, AUG 2 6 2021 Respondent, ELIZABETH A. MOWN CLERK OF SUPREME COURT and BY - ( THE STATE OF NEVADA, DEPUTY CLERK Real Party in Interest.
ORDER DENYING PETITION This pro se original petition seeks a writ of mandamus compelling the district court to grant petitioner's motion for an extra $100 on an NDOC copy machine.
This court has original jurisdiction to issue writs of mandamus, and the issuance of such extraordinary relief is solely within this court's discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioners bear the burden to show that extraordinary relief is warranted, and such relief is proper only when there is no plain, speedy, and adequate remedy at law. See Pan v. Eighth judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). An appeal is generally an adequate remedy precluding writ relief. Id. at 224, 88 P.3d at 841. Even when an appeal is not immediately available because the challenged order is interlocutory in nature, the fact that the order may ultimately be challenged on appeal from a final judgment generally precludes writ relief. Id. at 225, 88 P.3d at 841.
Having considered the petition, we are not persuaded that our SUPREME COURT OF NEVADA (0) I947A .400 extraordinary intervention is warranted because petitioner has not demonstrated that an appeal from a judgment below would not be a plain, speedy, and adequate remedy to challenge the denial of his motion.
Accordingly, we ORDER the petition DENIED.
Hardesty
04-1arr.-7.
Parraguirre A•asbcn_.0 Stiglich
cc: Hon. Linda Marie Bell, Chief Judge Lance Reberger Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
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Opinion
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