Bacon
v.
Eighth Judicial Dist. Court of Nev.

Not overruled or negatively treated on appealinfoCoverage
Supreme Court of Nevada.May 11, 2011
373 P.3d 893 (Nev. 2011)

No. 58200.

05-11-2011

Percy Lavae BACON, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for The COUNTY OF CLARK; and the Honorable Elissa F. Cadish, District Judge, Respondents, and Quality Towing d/b/a United Road Services, Inc., Real Party Ininterest.

Percy Lavae Bacon Brooks Bauer LLP


Percy Lavae Bacon

Brooks Bauer LLP

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original proper person petition for a writ of mandamus or prohibition challenges a September 2009 district court order dismissing petitioner's complaint in District Court Case No. A495030 and barring any further action in District Court Case No. A541431.

A writ of mandamus or prohibition may issue only when the petitioner has no plain, speedy, and adequate legal remedy. NRS 34.170 (mandamus); NRS 34.330 (prohibition). Here, petitioner had an adequate and speedy legal remedy in the form of an appeal from the district court's September 2009 order dismissing petitioner's complaint in one district court case and barring any further action in the other. NRAP 3A(b)(l) (allowing for appeals from final judgments); Pan v. Dist. Ct., 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (noting that this court has consistently recognized that an appeal is an adequate legal remedy precluding writ relief); NRAP 21(b)(1). Accordingly, as writ relief is precluded, we

ORDER the petition DENIED.