Taitano (Ronald) v. Dist. Ct. (The City of Las Vegas) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
RONALD TAITANO, No. 69171
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA, FILED
IN AND FOR THE COUNTY OF
CLARK; AND THE HONORABLE ROB MAY 0 9 2016
BARE, DISTRICT JUDGE,
Respondents,
and
THE CITY OF LAS VEGAS,
Real Party in Interest.
ORDER DENYING PETITION
This is a petition for a writ of mandamus challenging the
district court's dismissal of petitioner's appeal for failure to prosecute and
requesting that the district court be made to hear the appeal on the
merits. The petition was filed November 17, 2015. Although "Mlle
petitioner shall submit with the petition an appendix," NRAP 21(a)(4)
(emphasis added), an appendix to the petition was not received until
December 10, 2015. Petitioner did not submit the appendix with his
petition; thus he did not demonstrate circumstances warranting our
review, see 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."). Moreover, petitioner's appendix
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demonstrates that his appeal was heard on the merits and that the
district court reversed and remanded the matter to the trial court.
Accordingly, we
ORDER the petition DENIED.'
J.
J.
Saitta
J.
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
'Petitioner's motion to amend petition by removing party of interest
is denied as moot. We direct the clerk of the court to file petitioner's
appendix received December 10, 2015, and the amended petition received
on December 9, 2015.
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