Ervin, Sr. (Elton) Vs. The Second Jud. Dist. Ct.

• Court: Nevada Supreme Court
• Decided: March 18, 2020
• Docket: 80757
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ELTON WHITNEY ERVIN, SR., No. 80757 Petitioner, ri; vs. THE SECOND JUDICIAL DISTRICT FL :73

COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE, Res ondent.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

In this original pro se petition for a writ of mandamus, petitioner appears to seek an order directing the district court to act on a motion for sentence modification allegedly filed on July 9, 2019. Problematically, petitioner has not provided this court with exhibits or other documentation that would support his claims for relief. See NRAP 21(a)(4) (providing the petitioner shall submit an appendix containing all documents "essential to understand the matters set forth in the petition"). Therefore, without deciding the merits of the claims raised, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). We reiterate that Ipletitioned cardies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth

SUPREM COURT Of NEVADA

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I ; Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Accordingly, we ORDER the petition DENIED.'

A.J.C.

, J. J. Hardesty Cadish

cc: Elton Whitney Ervin, Sr. Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

Mie are confident that the district court will resolve all pending matters as expeditiously as its calendar permits.

SUPREME COURT OF NEVADA

(0) 1947A Algto 2

I.