D. v. Dist. Ct. (State, Dep'T Of Family Servs.) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
JERRY D., No. 84774
Petitioner,
VS.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
CLARK; AND THE HONORABLE FILE
ROBERT TEUTON, DISTRICT JUDGE,
MAY 3 1 2022
Respondents,
and ELIZABETH A. BROWN
CLfg 8 PREME coma
STATE OF NEVADA DEPARTMENT BY
DEPUTY OL.ERK
OF FAMILY SERVICES; A.D.; AND
F.D.,
Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This original, emergency petition for a writ of mandamus
challenges a preliminary district court order concluding that petitioner's
two minor children should remain in protective custody pending further
proceedings under NRS Chapter 432B.
Having reviewed the petition and supporting documentation,
we are not convinced that our extraordinary and discretionary intervention
is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88
P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the
burden of showing such relief is warranted); Smith v. Eighth Judicial Dist.
Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ
relief is an extraordinary remedy and that this court has sole discretion in
determining whether to entertain a writ petition). In particular, while
petitioner challenges the district court's preliminary protective custody
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findings and the representations upon which they are based, an
adjudicatory hearing is scheduled for tomorrow, at which the parties may
have an opportunity to present additional evidence and argument.
Accordingly, we conclude that extraordinary relief is not warranted at this
time, and we
ORDER the petition DENIED.
Al;t4G4.-0 , J.
Stiglich
61*A
4 ) J.
Cadish
cc: Hon. Robert Teuton, District Judge, Family Court Division
The Grigsby Law Group
Attorney General/Carson City
Clark County District Attorney/Juvenile Division
Legal Aid Center of Southern Nevada, Inc.
Eighth District Court Clerk
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OF
NEVADA
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