Washoe Co. Human Serv. Agency v. Dist. Ct. (Mcmillan)

• Court: Nevada Supreme Court
• Decided: August 23, 2018
• Docket: 76032
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WASHOE COUNTY HUMAN No. 76032 SERVICES AGENCY, F/K/A WASHOE COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner, vs. THE SECOND JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF AUG 23 2018 ELIZABETH BROWN WASHOE; AND THE HONORABLE CLERK OF SUPREME COURT CYNTHIA LU, DISTRICT JUDGE, BY - . DEPUTY CLERK Respondents, and DONYEA MCMILLAN, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This petition for a writ of mandamus challenges the denial of a request to determine parentage in an NRS Chapter 432B proceeding. Having considered the petition and appendix filed in this matter and the district court's order on limited remand, we are not persuaded that our extraordinary and discretionary intervention is warranted. See NRS 34.160; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioners carry the burden of demonstrating that extraordinary relief is warranted."); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674 , 677, 679, 818 P.2d 849, 851, 853 (1991) (observing that the decision to issue writ of mandamus "is purely discretionary"). Specifically, the district court's order indicates that after this writ petition was filed, real party in interest relinquished his parental rights as to the minor child, and

SUPREME COURT OF NEVADA

(0) 1947A )404) -32-8153 thus, no live controversy exists. See Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010) (explaining that this court will not consider a moot case that does not present a live controversy). Accordingly, we ORDER the petition DENIED.

Hardesty

cc: Hon. Cynthia Lu, District Judge, Family Court Division Washoe County District Attorney Donyea McMillan Washoe District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A