Public-domain · open source
OpenJurist

477 P.3d 364

Danam Vs. Kelley

Nevada Supreme Court

Decided December 11, 2020

Nevada Supreme Court · decided 2020-12-11

Applies NV 34 § 34.170

Relies on Pan v. Dist. Ct. · Pan v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark

Decided 2020-12-11

                             IN THE SUPREME COURT OF THE STATE OF NEVADA


                      RAFAEL CEZAR DANAM,                                      No. 82036
                      Petitioner,
                      vs.
                      ELAINE KELLEY, IN HER OFFICIAL                                  FILE
                      CAPACITY AS PRINCIPAL ALIANTE
                      SOMERSET CHARTER,                                                DEC 1 1 2020
                                                                                      ELIZABETH A BROM
                      Res • ondent.                                                CLERK OF SUPREME COURT
                                                                                   By
                                                                                        oEpirn, CLERK
                                            ORDER DENYING PETITION

                                  This is an original pro se "Petition for Extraordinary Writ for
                      U.S. Constitution Violation from U.S. District Court of Nevada." Having
                      considered the petition, we are not persuaded that writ relief is warranted
                      because petitioner has a plain, speedy, and adequate remedy available to
                      him either by way of filing a civil complaint in the Eighth Judicial District
                      Court, or an appeal to the United States Court of Appeals for the Ninth
                      Circuit to the extent he seeks to challenge the dismissal of his federal
                      complaint. See NRS 34.170; Pan v. Eighth Judicial Dist. Court, 
120 Nev. 222, 224
, 
88 P.3d 840, 841
 (2004) (writ relief is proper only when there is no
                      plain, speedy, and adequate remedy at law and petitioner bears the burden
                      of demonstrating that writ relief is warranted). Accordingly, we
                                        ORDER the petiAn DEN!ED.1
                                                                          , C.J.
                                               Pickering




                      Hardesty                                   Silver


                            'Petitioner's December 4, 2020, motion for surnmary judgment is
                      denied.

SUPREME COURT
      OF
    NEVADA

(0) I907A   441110,
                         cc:   Rafael Cezar Danarn
                               Law Office of Gary P. Sinkeldam APC




SUPREME COURT
          OF
      NEVADA                                               2
( 0) 19471s    4.41EP.

/477/p3d/364 · .json · Public domain