Ediga (Michael) v. Dist. Ct. (The City of Las Vegas) ( 2015 )

 jurisdiction, has exceeded its jurisdiction, or has exercised its discretion in
an arbitrary or capricious manner." State v. Eighth Judicial Dist. Court
(Hedland), 116 Nev. 127, 134, 994 P.2d 692, 696 (2000).
We conclude that Ediga fails to demonstrate that
extraordinary relief is warranted. First, he fails to demonstrate that a
duty was required by law. See NRS 34.160. Second, Ediga fails to allege
that the district court's decision to dismiss his appeal was "a judicial
function without or in excess of its jurisdiction," NRS 34.320. The district
court had jurisdiction to consider and dismiss Ediga's appeal, NRS
177.015(1); NRS 189.060; NRS 189.065; therefore, a writ of prohibition is
inappropriate. Third, he fails to demonstrate that the district court's
dismissal was based on prejudice or preference, contrary to established
law, or based on a clearly erroneous interpretation of the law; therefore, he
fails to demonstrate that the district court manifestly abused or arbitrarily
or capriciously exercised its discretion. See State v. Eighth Judicial Dist.
Court (Armstrong), 127 Nev. 927, 931-32, 267 P.3d 777, 780 (2011)
(defining arbitrary or capricious exercise of discretion and manifest abuse
of discretion).
Because Ediga fails to demonstrate an exception to our
general rule, see Hedland, 116 Nev. at 134, 994 P.2d at 696, we
ORDER the petition DENIED.
Gibbons
geileu
SUPREME COURT
OF
Pickering
NEVADA
2
(0) I947A 4 4e(9
cc: Hon. Rob Bare, District Judge
Mueller Hinds & Associates
Attorney General/Carson City
Las Vegas City Attorney•
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
(0) 1947A e