Crabtree (Zachery) Vs. The Fifth Jud. Dist. Ct.

Nevada Supreme Court

Crabtree (Zachery) Vs. The Fifth Jud. Dist. Ct.

Nevada Supreme Court·Decided July 1, 2021·No. 83010·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ZACKERY ALLEN CRABTREE, No. 83010 Petitioner, vs. THE FIFTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE; JUL 0 1 2021 AND THE HONORABLE KIMBERLY A. CIE ELIZA,13 1 A.

PIREMS courrr

WANKER, DISTRICT JUDGE, I3Y CLERK

Res s ondents.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original pro se petition for a writ of mandamus seeks to compel the district court to entertain unexhausted claims, allegedly set forth in petitioner's postconviction petition for a writ of habeas corpus filed on May 5, 2021, pursuant to a federal district court order.

The decision to entertain a petition for extraordinary writ relief lies within the discretion of this court. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). A writ of mandamus is available only to compel the performance of a legally required act or to cure an arbitrary and capricious exercise of discretion. Round Hill Gen. Irnproventent Dist. v. Newrnan, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). It is petitioner's burden to demonstrate that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Problematically, petitioner has not provided this court with a copy of the postconviction petition for a writ of habeas corpus he contends

SUPREME COURT he filed on May 5, 2021—precluding writ relief. See NRAP 21(a)(4)

OF NEVADA

01 1447A catiSt.

(providing the petitioner shall submit an appendix containing all documents essential to understand the matters set forth in the petition"). Accordingly, we

ORDER the petition DENIED.

Hardesty

-.S24)I.L.12trE".mm" j. Parraguirre

Cadish

cc: Hon. Kimberly A. Wanker, District Judge Zackery Allen Crabtree Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT or NEVADA

(01 1917A

2

4.4 j21.4.

11161u,;41111iiiika '

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE SUPREME COURT OF THE STATE OF NEVADA

ZACKERY ALLEN CRABTREE, No. 83010 Petitioner, vs. THE FIFTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE; JUL 0 1 2021 AND THE HONORABLE KIMBERLY A. CIE ELIZA,13 1 A.

PIREMS courrr

WANKER, DISTRICT JUDGE, I3Y CLERK

Res s ondents.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original pro se petition for a writ of mandamus seeks to compel the district court to entertain unexhausted claims, allegedly set forth in petitioner's postconviction petition for a writ of habeas corpus filed on May 5, 2021, pursuant to a federal district court order.

The decision to entertain a petition for extraordinary writ relief lies within the discretion of this court. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). A writ of mandamus is available only to compel the performance of a legally required act or to cure an arbitrary and capricious exercise of discretion. Round Hill Gen. Irnproventent Dist. v. Newrnan, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). It is petitioner's burden to demonstrate that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Problematically, petitioner has not provided this court with a copy of the postconviction petition for a writ of habeas corpus he contends

SUPREME COURT he filed on May 5, 2021—precluding writ relief. See NRAP 21(a)(4)

OF NEVADA

01 1447A catiSt.

(providing the petitioner shall submit an appendix containing all documents essential to understand the matters set forth in the petition"). Accordingly, we

ORDER the petition DENIED.

Hardesty

-.S24)I.L.12trE".mm" j. Parraguirre

Cadish

cc: Hon. Kimberly A. Wanker, District Judge Zackery Allen Crabtree Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT or NEVADA

(01 1917A

2

4.4 j21.4.

11161u,;41111iiiika '

Crabtree (Zachery) Vs. The Fifth Jud. Dist. Ct., (Neb. 2021).

Pincite

Crabtree (Zachery) Vs. The Fifth Jud. Dist. Ct. (Crabtree (Zachery) Vs. The Fifth Jud. Dist. Ct.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

2

Related