O'Keefe (Brian) v. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: September 15, 2022
• Docket: 85141
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRIAN KERRY O'KEEFE, No. 85141 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE JACQUELINE M. BLUTH, DISTRICT SEP 1 5 2022 JUDGE, ELIZABETH A. BROWN CLERK F S PREME COURT Respondents, BY DEPUTY CLERK and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original pro se petition for a writ of mandamus seeks the reversal of a district court "Order Denying Defendant's Motion for Relief from Judgment or Order Pursuant to Rule 60 of the Nevada Rules of Civil Procedure Based on New and Equitable Rules of Law Filed 10/2/2015." This court has original jurisdiction to issue writs of mandamus and the issuance of such extraordinary relief is within this court's sole discretion. See Nev. Const. art. 6, § 4; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007). Petitioner bears the burden to show that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition and supporting documentation, we conclude that petitioner has failed to demonstrate our intervention by extraordinary writ is warranted.

SUPREME COURT OF NEVADA

t1), 1447A Therefore, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). Accordingly, we ORDER the petition DENIED.

C.J. Parr guirre

J. Hardesty

Stiglich

cc: Hon. Jacqueline M. Bluth, District Judge Brian Kerry O'Keefe Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 ,1-3) I947A