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

Nevada Supreme Court

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

DecidedJuly 1, 2021

Docket83010

StatusPublished

This text of Crabtree (Zachery) Vs. The Fifth Jud. Dist. Ct. (Crabtree (Zachery) Vs. The Fifth Jud. Dist. Ct.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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 '

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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 '

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