O'Keefe (Brian) v. Dist. Ct. (State) ( 2022 )


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  •                        IN THE SUPREME COURT OF THE STATE OF NEVADA
    BRIAN KERRY O'KEEFE,                                    No. 85141
    Petitioner,
    vs.
    THE EIGHTH JUDICIAL DISTRICT
    COURT OF THE STATE OF NEVADA,
    IN AND FOR THE COUNTY OF                                    FILED
    CLARK; AND THE HONORABLE
    JACQUELINE M. BLUTH, DISTRICT                               SEP 1 5 2022
    JUDGE,                                                   ELIZABETH A. BROWN
    CLERK F S PREME COURT
    Respondents,                                           BY
    DEPUTY CLERK
    and
    THE STATE OF NEVADA,
    Real Party in Interest.
    ORDER DENYING PETITION
    FOR A WRIT OF MANDAMUS
    This original pro se petition for a writ of mandamus seeks the
    reversal of a district court "Order Denying Defendant's Motion for Relief
    from Judgment or Order Pursuant to Rule 60 of the Nevada Rules of Civil
    Procedure Based on New and Equitable Rules of Law Filed 10/2/2015."
    This court has original jurisdiction to issue writs of mandamus
    and the issuance of such extraordinary relief is within this court's sole
    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). Petitioner
    bears the burden to show that extraordinary relief is warranted. See Pan
    v. Eighth Judicial Dist. Court, 
    120 Nev. 222
    , 228, 
    88 P.3d 840
    , 844 (2004).
    Having considered the petition and supporting documentation, we conclude
    that petitioner has failed to demonstrate our intervention by extraordinary
    writ is warranted.
    SUPREME COURT
    OF
    NEVADA
    t1), 1447A
    Therefore, we decline to exercise our original jurisdiction in this
    matter. See NRAP 21(b). Accordingly, we
    ORDER the petition DENIED.
    C.J.
    Parr guirre
    J.
    Hardesty
    Stiglich
    cc:   Hon. Jacqueline M. Bluth, District Judge
    Brian Kerry O'Keefe
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    ,1-3) I947A
    

Document Info

Docket Number: 85141

Filed Date: 9/15/2022

Precedential Status: Precedential

Modified Date: 9/16/2022