Braunstein (Steven) v. Dist. Ct. (State) ( 2015 )


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  • Petitioner has raised the same underlying issue in at least eight other original filings in this court.' Petitioner was cautioned in Braunstein v. Eighth Judicial Dist. Court, Docket Nos. 63270, 63411 (Order Denying Petitions, July 24, 2013), that statutory credits may be forfeited pursuant to NRS 209.451 if he continues to file frivolous documents in a civil action. Repeatedly raising the same issue constitutes frivolous action, and mandamus is a civil action. Further, petitioner has already been twice referred for the forfeiture of credits. 2 We have repeatedly informed petitioner that his continuous stream of filings is an abuse of judicial resources, and we conclude that the inclusion of the repetitive and unwarranted claims in the instant petition 1 Braunstein v. Eighth Judicial Dist. Court, Docket No. 65059 (Order Denying Petition and Referring Petitioner for Forfeiture of Credits Pursuant to NRS 209.451, May 13, 2014); Braunstein v. Eighth Judicial Dist. Court, Docket No. 64136 (Order Denying Petition and Referring Petitioner for Forfeiture of Credits Pursuant to NRS 209.451, November 14, 2013); Braunstein v. Eighth Judicial Dist. Court, Docket Nos. 63270, 63411 (Order Denying Petitions, July 24, 2013); Braunstein v. Eighth Judicial Dist. Court, Docket No. 62546 (Order Denying Petition, March 8, 2013); Braunstein v. Eighth Judicial Dist. Court, Docket No. 57751 (Order Denying Petition, April 4, 2011); Braunstein v. Eighth Judicial Dist. Court, Docket No. 54122 (Order Denying Petition, August 24, 2009); Braunstein v. Eighth Judicial Dist. Court, Docket No. 53127 (Order Denying Petition, February 4, 2009); Braunstein v. State, Docket No. 40018 (Order Denying Petition, August 22, 2002). 2 Braunstein v. Eighth Judicial Dist. Court, Docket No. 65059 (Order Denying Petition and Referring Petitioner. for Forfeiture of Credits Pursuant to NRS 209.451, May 13, 2014); Braunstein v. Eighth Judicial Dist. Court, Docket No. 64136 (Order Denying Petition and Referring Petitioner for Forfeiture of Credits Pursuant to NRS 209.451, November 14, 2013). SUPREME COURT OF NEVADA 2 (0) 1947A e constitutes an improper purpose. 3 Therefore, we refer this matter to the Director of the Department of Corrections to determine what forfeiture, if any, is warranted. See NRS 209.451(3). Accordingly, we ORDER the petition DENIED and REFER this matter to the Director of the Department of Corrections. C.J. Hardesty cut J. Parraguirre LDtutszi 1 a-g Douglas cc: Hon. Michael Villani, District Judge Steven Samuel Braunstein Attorney General/Carson City Director, Department of Corrections Clark County District Attorney Eighth District Court Clerk 'See Braunstein, v. Eighth Judicial Dist. Court, Docket No. 65059 (Order Denying Petition and Referring Petitioner for Forfeiture of Credits Pursuant to NRS 209.451, May 13, 2014); Braunstein Ti. Eighth Judicial Dist. Court, Docket No. 64136 (Order Denying Petition and Referring Petitioner for Forfeiture of Credits Pursuant to NRS 209.451, November 14, 2013). SUPREME COURT OF NEVADA 3 (0) 1947A e

Document Info

Docket Number: 68648

Filed Date: 9/10/2015

Precedential Status: Non-Precedential

Modified Date: 4/17/2021