Bonham (Bryan) v. The Eighth Jud. Dist. Ct.

• Court: Nevada Supreme Court
• Decided: April 14, 2022
• Docket: 84406
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRYAN PHILLIP BONHAM, No. 84406 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT FILE COURT OF THE STATE OF NEVADA, APR 1 4 2022 IN AND FOR THE COUNTY OF EUZABEM A. BROWN CLARK, CLERK OF SUPREME COURT

Res • ondent. BY DEPUTY CLERK

ORDER DENYING PETITION

This pro se original petition seeks a writ of mandamus compelling the district court to supply petitioner free copies of written orders regarding petitioner's motion to correct illegal sentence and petition for a writ of habeas corpus. Having considered the petition, we are not persuaded that our extraordinary and discretionary intervention is warranted. See NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (petitioners bear the burden to demonstrate that extraordinary relief is warranted). Petitioner has not demonstrated that he requested and was denied free copies by the district court in the first instance. See NRAP 21(a)(4) (providing that the petitioner shall submit an appendix containing all documents "essential to understand the matters set forth in the petition"). Even assuming the relief sought here could be properly obtained through a petition for writ relief, any application for such relief should first be directed to and resolved by the district court. See State v. Cty. of Douglas, 90 Nev. 272, 276-77, 524 P.2d 1271, 1274 (1974) (noting that "this court prefers that such an application [for writ relief] be addressed to the discretion of the appropriate district coure in the first instance), abrogated

SUPFtEPAE COURT OF NEVADA

(0) I947A ?-I 7 4,3 on other grounds by Attorney Gen. v. Gypsum Res., 129 Nev. 23, 33-34, 294 P.3d 404, 410-11 (2013).1 Accordingly, we ORDER the petition DENIED.2

Parraguirre

j ,J. Hardesty Stiglich

cc: Bryan Phillip Bonham Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

1To the extent the district court has not yet issued a written order regarding petitioner's petition for a writ of habeas corpus, this court is confident the district court will issue a written ruling as expeditiously as its calendar permits.

2 Petitioner's March 18, 2022, "Notice of Motion/Petition" is denied.

SUPREME Couffr Of NEVADA 2 101 1947A catIVIo.