Taitano (Ronald) v. Dist. Ct. (The City of Las Vegas)

IN THE SUPREME COURT OF THE STATE OF NEVADA RONALD TAITANO, No. 69171 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ROB MAY 0 9 2016 BARE, DISTRICT JUDGE, Respondents, and THE CITY OF LAS VEGAS, Real Party in Interest. ORDER DENYING PETITION This is a petition for a writ of mandamus challenging the district court's dismissal of petitioner's appeal for failure to prosecute and requesting that the district court be made to hear the appeal on the merits. The petition was filed November 17, 2015. Although "Mlle petitioner shall submit with the petition an appendix," NRAP 21(a)(4) (emphasis added), an appendix to the petition was not received until December 10, 2015. Petitioner did not submit the appendix with his petition; thus he did not demonstrate circumstances warranting our review, see Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioners carry the burden of demonstrating that extraordinary relief is warranted."). Moreover, petitioner's appendix SUPREME COURT OF NEVADA (0) 1947A 4e1/44 demonstrates that his appeal was heard on the merits and that the district court reversed and remanded the matter to the trial court. Accordingly, we ORDER the petition DENIED.' J. J. Saitta J. cc: Hon. Rob Bare, District Judge Mueller Hinds & Associates Attorney General/Carson City Las Vegas City Attorney Clark County District Attorney Eighth District Court Clerk 'Petitioner's motion to amend petition by removing party of interest is denied as moot. We direct the clerk of the court to file petitioner's appendix received December 10, 2015, and the amended petition received on December 9, 2015. SUPREME COURT OF NEVADA 2 (0) 1947A