Opinion
No. 58015.
04-07-2011
Sebastian MARTINEZ, and Mikaella Rae Flannery a/k/a Mikaella Rae Fredianelli, a Minor by Nevada State Welfare, as Guardian Ad Litem, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, In and for the COUNTY OF CLARK; and The Honorable T. Arthur Ritchie, Jr., District Judge, Respondents, and Kristi Rae Fredianelli; and Tony Fredianelli, Real Parties in Interest.
Sebastian Martinez Ecker & Kainen, Chtd. Kunin & Carman
Sebastian Martinez
Ecker & Kainen, Chtd.
Kunin & Carman
ORDER DENYING PETITION FOR MANDAMUS
This original proper person petition for a writ of mandamus seeks to prevent a district court evidentiary hearing regarding service and disqualification of the district judge assigned to the matter. Having reviewed the petition, we are not persuaded that this court's intervention by way of extraordinary relief is warranted, as petitioner provided no supporting documentation and may challenge any order entered following the evidentiary hearing by way of appeal or writ petition, as appropriate. NRAP 21(a) ; NRS 34.170 ; Pan v. Dist. Ct., 120 Nev. 222, 88 P.3d 840 (2004). Also, the facts alleged by petitioner do not warrant the district judge's disqualification. Allum v. Valley Bank of Nevada, 112 Nev. 591, 915 P.2d 895 (1996). We therefore decline to exercise our discretion to issue writ relief, NRAP 21(b)(1) ; Smith v. District Court, 107 Nev. 674, 818 P.2d 849 (1991), and
In light of this order, we deny as moot petitioner's emergency stay motion. We direct the clerk of this court to file the motion, provisionally received on April 6, 2011.