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Bailey v. Eighth Judicial Dist. Court of State

SUPREME COURT OF THE STATE OF NEVADA
Jul 21, 2014
No. 65746 (Nev. Jul. 21, 2014)

Opinion

No. 65746

07-21-2014

ANTHONY DEWANE BAILEY, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE VALERIE ADAIR, DISTRICT JUDGE, Respondents, and LAS VEGAS METROPOLITAN POLICE DEPARTMENT FORENSIC LABORATORY, Real Party in Interest,


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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).

It is so ORDERED.

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


Summaries of

Bailey v. Eighth Judicial Dist. Court of State

SUPREME COURT OF THE STATE OF NEVADA
Jul 21, 2014
No. 65746 (Nev. Jul. 21, 2014)
Case details for

Bailey v. Eighth Judicial Dist. Court of State

Case Details

Full title:ANTHONY DEWANE BAILEY, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 21, 2014

Citations

No. 65746 (Nev. Jul. 21, 2014)