Petitioner has raised the same underlying issue in at least
eight other original filings in this court.' Petitioner was cautioned in
Braunstein v. Eighth Judicial Dist. Court, Docket Nos. 63270, 63411
(Order Denying Petitions, July 24, 2013), that statutory credits may be
forfeited pursuant to NRS 209.451 if he continues to file frivolous
documents in a civil action. Repeatedly raising the same issue constitutes
frivolous action, and mandamus is a civil action. Further, petitioner has
already been twice referred for the forfeiture of credits. 2
We have repeatedly informed petitioner that his continuous
stream of filings is an abuse of judicial resources, and we conclude that the
inclusion of the repetitive and unwarranted claims in the instant petition
1 Braunstein v. Eighth Judicial Dist. Court, Docket No. 65059 (Order
Denying Petition and Referring Petitioner for Forfeiture of Credits
Pursuant to NRS 209.451, May 13, 2014); Braunstein v. Eighth Judicial
Dist. Court, Docket No. 64136 (Order Denying Petition and Referring
Petitioner for Forfeiture of Credits Pursuant to NRS 209.451, November
14, 2013); Braunstein v. Eighth Judicial Dist. Court, Docket Nos. 63270,
63411 (Order Denying Petitions, July 24, 2013); Braunstein v. Eighth
Judicial Dist. Court, Docket No. 62546 (Order Denying Petition, March 8,
2013); Braunstein v. Eighth Judicial Dist. Court, Docket No. 57751 (Order
Denying Petition, April 4, 2011); Braunstein v. Eighth Judicial Dist.
Court, Docket No. 54122 (Order Denying Petition, August 24, 2009);
Braunstein v. Eighth Judicial Dist. Court, Docket No. 53127 (Order
Denying Petition, February 4, 2009); Braunstein v. State, Docket No.
40018 (Order Denying Petition, August 22, 2002).
2 Braunstein v. Eighth Judicial Dist. Court, Docket No. 65059 (Order
Denying Petition and Referring Petitioner. for Forfeiture of Credits
Pursuant to NRS 209.451, May 13, 2014); Braunstein v. Eighth Judicial
Dist. Court, Docket No. 64136 (Order Denying Petition and Referring
Petitioner for Forfeiture of Credits Pursuant to NRS 209.451, November
14, 2013).
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constitutes an improper purpose. 3 Therefore, we refer this matter to the
Director of the Department of Corrections to determine what forfeiture, if
any, is warranted. See NRS 209.451(3). Accordingly, we
ORDER the petition DENIED and REFER this matter to the
Director of the Department of Corrections.
C.J.
Hardesty
cut J.
Parraguirre
LDtutszi 1 a-g
Douglas
cc: Hon. Michael Villani, District Judge
Steven Samuel Braunstein
Attorney General/Carson City
Director, Department of Corrections
Clark County District Attorney
Eighth District Court Clerk
'See Braunstein, v. Eighth Judicial Dist. Court, Docket No. 65059
(Order Denying Petition and Referring Petitioner for Forfeiture of Credits
Pursuant to NRS 209.451, May 13, 2014); Braunstein Ti. Eighth Judicial
Dist. Court, Docket No. 64136 (Order Denying Petition and Referring
Petitioner for Forfeiture of Credits Pursuant to NRS 209.451, November
14, 2013).
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