Nevada Supreme Court

Ervin, Sr. (Elton) Vs. the Second Jud. Dist. Ct.

Decided March 18, 2020

No negative treatmentNo negative treatment found: no reversal on appeal and no treated citing cases.

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SummaryHoldingsLater treatmentOpinion of the Court

Summary

The Nevada Supreme Court denied a pro se petition for a writ of mandamus that sought to compel the district court to act on a sentence‑modification motion filed on July 9, 2019. The Court held the petitioner failed to provide the required appendix of essential documents under Nevada Rules of Appellate Procedure 21(a)(4), and therefore declined to exercise its original jurisdiction.

Holdings

  • Whether the petition for a writ of mandamus should be granted despite the petitioner’s failure to submit required exhibits. The petition is denied because the petitioner failed to submit an appendix containing all documents essential to understand the matters set forth, as required by NRAP 21(a)(4); consequently the Court declines to exercise original jurisdiction.

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In this case

Opinion of the Court

                         IN THE SUPREME COURT OF THE STATE OF NEVADA




                    ELTON WHITNEY ERVIN, SR.,                               No. 80757
                    Petitioner,
                                                                                      ri;
                    vs.
                    THE SECOND JUDICIAL DISTRICT                              FL       :73




                    COURT OF THE STATE OF NEVADA,
                    IN AND FOR THE COUNTY OF
                    WASHOE,
                    Res ondent.


                        ORDER DENYING PETITION FOR WRIT OF MANDAMUS


                               In this original pro se petition for a writ of mandamus,
                   petitioner appears to seek an order directing the district court to act on
                   a motion for sentence modification allegedly filed on July 9, 2019.
                               Problematically, petitioner has not provided this court with
                   exhibits or other documentation that would support his claims for relief.
                   See NRAP 21(a)(4) (providing the petitioner shall submit an appendix
                   containing all documents "essential to understand the matters set forth
                   in the petition"). Therefore, without deciding the merits of the claims
                   raised, we decline to exercise our original jurisdiction in this matter. See
                   NRAP 21(b).
                               We reiterate that Ipletitioned cardies] the burden of
                   demonstrating that extraordinary relief is warranted." Pan v. Eighth




SUPREM COURT
      Of
    NEVADA


(0) 1947A 44Erts
                                                                                    7,0 - 101,60

        I ;
                    Judicial Dist. Court, 
120 Nev. 222, 228
, 
88 P.3d 840, 844
 (2004).
                    Accordingly, we
                                ORDER the petition DENIED.'




                                                                      A.J.C.



                                             , J.                                       J.
                    Hardesty                                 Cadish



                    cc:   Elton Whitney Ervin, Sr.
                          Attorney General/Carson City
                          Washoe County District Attorney
                          Washoe District Court Clerk




                         Mie are confident that the district court will resolve all pending
                    matters as expeditiously as its calendar permits.

SUPREME COURT
       OF
     NEVADA


(0) 1947A   Algto                                     2

            I.


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