Las Vegas Metro. Police Dep'T v. Dist. Ct. (State) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
LAS VEGAS METROPOLITAN POLICE No. 84459
DEPARTMENT,
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF FILED
CLARK; AND THE HONORABLE
APR 0 1 2022
JAMES M. BIXLER, SENIOR DISTRICT
JUDGE, ELV_A.e.LITH A. BROWN
BCYL.E_RL(.32.1:k.EME COURT
Respondents, DEPUTY CLEW
--
and
THE STATE OF NEVADA; AND
MATEO FACTO,
Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR
PROHIBITION
This original emergency petition for a writ of mandamus and/or
prohibition under NRAP 27(e) challenges a district court order remanding
real party in interest Mateo Facio to the custody of Clark County Detention
Center and directing that he be housed there through his trial date.
Having considered the petition and its supporting
documentation, we are not persuaded that extraordinary writ relief is
warranted. See NRS 34.160; NRS 34.330; Archon Corp. v. Eighth Judicial
Dist. Court, 133 Nev. 816, 821, 407 P.3d 702, 707 (2017) (stating that the
petitioner bears the burden of showing that writ relief is warranted).
Among other reasons, petitioner has not demonstrated that emergency
relief is necessary to avoid irreparable harm. See NRAP 27(e). Nor has
petitioner demonstrated that the district court manifestly abused its
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discretion. See Walker v. Second Judicial Dist. Court, 136 Nev. 678, 680,
476 P.3d 1194, 1196 (2020) (where a district court is given discretion on an
issue, "the petitioner's burden to demonstrate a clear legal right to a
particular course of action by that court is substantial; we can issue
traditional mandamus only where the lower court has manifestly abused
that discretion or acted arbitrarily or capriciouslY); AA Primo Builders,
LLC v. Washington, 126 Nev. 578, 589, 245 P.3d 1190, 1197 (2010)
(reviewing an order denying a motion for reconsideration for an abuse of
discretion); see also Halverson v. Hardcastle, 123 Nev. 245, 260-61, 163 P.3d
428, 439-40 (2007) (discussing courts inherent authority to carry out
judicial functions). Accordingly, we
ORDER the petition DENIED.
Silver
6
J.
Cadish
J.
cc: Hon. Jacqueline M. Bluth, District Judge
Chief Judge, The Eighth Judicial District Court
Hon. James M. Bixler, Senior Judge
Marquis Aurbach Coffing
Attorney General/Carson City
Clark County District Attorney
Special Public Defender
Eighth District Court Clerk
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(0) 1947A adiret)
•Tit.:'