Opinion
No. 65746
07-21-2014
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING PETITION FOR WRIT OF MANDAMUS
This is an original proper person petition for a writ of mandamus challenging the district court's failure to resolve a motion for default judgment.
We direct the clerk of this court to conform the caption in this proceeding to the caption in this order.
Since the filing of this petition, the district court has dismissed the entirety of petitioner's underlying complaint with prejudice, and petitioner has now appealed that determination in Bailey v. Clark Cty., Docket No. 65913. This court's duty is "to resolve actual controversies by an enforceable judgment" and "not to render advisory opinions." See Personhood Nev. v. Bristol, 126 Nev. ___, ___, 245 P.3d 572, 574 (2010). Thus, as a result of the dismissal of the complaint below, this petition, which seeks a default judgment in petitioner's favor as to his claims against real party in interest in the case below, has become moot. See id. (recognizing that subsequent events may render a once live controversy moot). Accordingly, we dismiss the petition. See id.; NRAP 21(b)(1).
On July 14, 2014, petitioner filed a document entitled "Notice of Appeal/Designation of Record" in this court. In light of this order, no action need be taken on that document.
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________________, J.
Pickering
________________, J.
Parraguirre
________________, J.
Saitta
cc: Hon. Valerie Adair, District Judge
Anthony Dewane Bailey
Attorney General/Carson City
Eighth District Court Clerk