849, 851 (1991). A writ of mandamus is available to compel the
performance of an act that the law requires as a duty resulting from an
office, trust, or station, or to control an arbitrary or capricious exercise of
discretion. See NRS 34.160; Int? Game Tech., Inc. v. Second Judicial Dist.
Court, 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). Petitioner bears the
burden of demonstrating that our extraordinary intervention is
warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d
840, 844 (2004).
Having considered the petition and the attached documents,
we conclude that our intervention by extraordinary writ relief is not
warranted. See NRAP 21(b)(1); see also Smith v. Eighth Judicial Dist.
Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (providing that it is
within this court's discretion to determine if a writ petition will be
considered). In particular, petitioner may appeal from the district court's
order granting an injunction, NRAP 3A(b)(3), and thus, he has a speedy
and adequate remedy. See NRS 34.170; Pan, 120 Nev. at 224, 88 P.3d at
841 (explaining that the right to appeal is generally an adequate legal
remedy that precludes writ relief). And to the extent that petitioner seeks
an order directing the district court to resolve his motion to dismiss, we
are confident that the district court will do so as quickly as its docket
permits. Accordingly, we
ORDER the petition DENIED.
/c--L
Hardesty
tohrot
J.
Parraguirre
SUPREME COURT
OF
NEVADA
2
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cc: Hon. Douglas W. Herndon, District Judge
Michael Little
Pecos Law Group
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A