Opinion
No. 72406
04-18-2017
VERNELL RAY EVANS, Petitioner, v. THE STATE OF NEVADA; AND JO GENTRY, WARDEN SDCC, Respondents.
cc: Vernell Ray Evans Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
ORDER DENYING PETITION
This is an original petition for a writ of mandamus and/or prohibition. Petitioner states that in September 2016 the district court denied his NRCP Rule 60(b) motion and the Nevada Supreme Court subsequently dismissed his appeal from the denial of that motion after finding it lacked jurisdiction to consider the appeal. Petitioner asks this court to find that both the district court and the Nevada Supreme Court "were mistaken and it is debatable that both the above courts(') decisions were a fundamental miscarriage of justice,"
We have considered the petition, and we are not satisfied this court's intervention by way of extraordinary writ is warranted at this time. See NRS 34.160; NRS 34.320; NRAP 21(b); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). Accordingly, without deciding upon the merits of any claims raised therein, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Vernell Ray Evans
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk