IN THE SUPREME COURT OF THE STATE OF NEVADA
ANTHONY CLARKE, No. 83919
Petitioner,
vs.
THE SECOND JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF FILED
WASHOE,
Respondent, JAN 0 3 2022
and
THE STATE OF NEVADA,
Real Party in Interest.
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ORDER DENYING PETITION
This pro se original petition for a writ of mandamus seeks to
compel the district court to hold a hearing or begin proceedings on
petitioner's postconviction petition for a writ of habeas corpus.
On September 23, 2021, the district court issued an order
directing petitioner to amend his postconviction petition for a writ of habeas
corpus to provide proof of service upon the Northern Nevada Correctional
Center Warden and the Nevada Attorney General, in accordance with the
requirements set forth in NRS 34.730(2). A writ of mandamus is available
only to compel the performance of a legally required act or to cure an
arbitrary and capricious exercise of discretion. Round Hill Gen.
Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536
(1981). It is petitioner's burden to demonstrate that extraordinary relief is
warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d
SUPREME COURT
840, 844 (2004). Here, petitioner has not shown that the district court has
OF
NEVADA
(01 1947A 44WF4 ,,2?. 001).1
failed to perform a legally required act or has arbitrarily or capriciously
exercised its discretion. Accordingly, we
ORDER the petition DENIED.'
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Parraguirre
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Stiglich
cc: Anthony Clarke
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
iWe take no action on petitioner's motion for leave to proceed in forma
SUPREME COURT pauperis filed on December 15, 2021.
or
NEVADA
2