IN THE SUPREME COURT OF THE STATE OF NEVADA
JOLAN MANGUIN; AND CARMEN No. 83857
MANGUIN, HUSBAND AND WIFE AS
JOINT TENANTS,
Petitioners, FILED
vs.
JAN 0 3 2022
WESTERN PROGRESSIVE-NEVADA,
INC., ELIZA8ET11 A. BROWN
CLERK OF SUPREME COURT
Res ondent. ay 5 N1ALAA--
DEPUTY CLERK
ORDER DENYING PETITION FOR
WRIT OF MANDAMUS
This original pro se petition for a writ of mandamus challenges
a non-judicial foreclosure based upon petitioner's homestead exemption.
Having considered the petition, we are not persuaded that our
extraordinary intervention is warranted. See NRS 34.170; Pan v. Eighth
judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (noting that
a writ of mandamus is proper only when there is no plain, speedy, and
adequate remedy at law and explaining that petitioner bears the burden of
demonstrating that writ relief is warranted).
Even assuming that the relief sought here could be properly
obtained through a petition for writ relief, any application for such relief
should be made to the district court in the first instance so that factual and
legal issues are fully developed, giving this court an adequate record to
review. See Round Hill Gen. Imp. Dist. v. Newman, 97 Nev. 601, 604, 637
P.2d 534, 536 (1981) (recognizing that "an appellate court is not an
appropriate forum in which to resolve disputed questions of fact" and
determining that when there are factual issues presented, this court will
not exercise its discretion to entertain a petition for extraordinary relief
SUPREME COURT
OF
NEVADA
101 IS47A oraPsa
even though "important public interests are involved"); State v. County of
Douglas, 90 Nev. 272, 276-77, 524 P.2d 1271, 1274 (1974) (noting that "this
court prefers that such an application [for writ relief] be addressed to the
discretion of the appropriate district coure in the first instance), abrogated
on other grounds by Attorney Gen. v. Gypsum Res., 129 Nev. 23, 33-34, 294
P.3d 404, 410-11 (2013). Accordingly, we
ORDER the petition DENIED.
Hardesty
-- 914)te6"agt1EIT
Parraguirre Stiglich
, J.
cc: Carmen Manguin
Jolan Manguin
Western Progressive-Nevada, Inc.
SUPREME COURT
OF
NEVADA
10) 1,147A 44.6Nto