Opinion
No. 57067.
03-21-2011
Raymond BRADLEY, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF THE STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Mathew Harter, District Judge, Respondents, and Saori Bradley, Real Party in Interest.
Kirk T. Kennedy Lucien A. Cravens, Jr.
Kirk T. Kennedy
Lucien A. Cravens, Jr.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original petition for a writ of mandamus or prohibition challenges a district court order regarding future child custody disputes.
Previously, we directed real party in interest to file and serve an answer against issuance of the requested writ. Although real party in interest failed to comply with our order, such noncompliance will not serve to delay resolution of this petition. Because no answer has been received, this court resolves the petition based solely on the documents submitted by petitioner. We admonish real party in interest that failure to comply with this court's orders in the future may result in the imposition of sanctions.
Having considered the petition and its documentation, we are not persuaded that this court's intervention by way of extraordinary relief is warranted at this time, NRAP 21(b)(1) ; Smith v. District Court, 107 Nev. 674, 818 P.2d 849 (1991), as the matter is not ripe for determination. See Doe v. Bryan, 102 Nev. 523, 525, 728 P.2d 443, 444 (1986) (recognizing that this court has consistently required “an actual justiciable controversy as a predicate to judicial relief”). Although we are concerned that the district court's order appears to restrict the parties' right to access the courts, petitioner does not argue that there is a child custody matter that currently requires the district court's attention, or that he has in fact been prohibited from presenting any such matter to the district court due to the October 19, 2010, order. Because petitioner has failed to demonstrate that our intervention is warranted at this time, see Pan v. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004), we
ORDER the petition DENIED.