Nevada Cases April 19, 2024: Hartsell v. The Fourth Judicial Dist. Court of the State

Case Description

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UNPUBLISHED OPINION

ORDER DENYING PETITION

Cadish, C. J.

This original petition for a writ of prohibition or mandamus seeks a writ directing the Fourth Judicial District Court to dismiss a petition challenging petitioner's candidacy for office on two grounds: (1) that there is a jurisdictional defect in the service of the notice and order to show cause and (2) that there is a jurisdictional defect in the petition because the underlying initiating challenge was not filed with the required filing officer, the Elko County Clerk.

Having considered the petition, we are not convinced that our extraordinary and discretionary intervention is warranted. See NRS 34.170; NRS 34.330; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (writ relief is proper only when there is not a plain, speedy, and adequate remedy at law and the petitioner bears the burden to demonstrate that extraordinary relief is warranted); Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 681, 476 P.3d 1194, 1197 (2020) ("Because mandamus is an extraordinary remedy, this court does not

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typically employ it where ordinary means, already afforded by law, permit the correction of alleged errors."). Accordingly, we

ORDER the petition DENIED.

Stiglich, J., Herndon, J.

Hon. Mason E. Simons, District Judge