Full Opinion

IN THE COURT OF APPEALS OF THE STATE OF NEVADA JAMES EVERETT FRANKLIN, II, No. 92149-COA Petitioner, vs. THE SEVENTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WHITE PINE; AND THE HONORABLE STEVE L. DOBRESCU, DISTRICT JUDGE, Respondents, and AZTEC WELL SERVICING, CO., Real Party in Interest. ORDER DENYING PETITION This original pro se petition for a writ of mandamus or prohibition seeks a writ directing the district court to resolve a pending NRCP 59(e) motion or to certify an order dismissing petitioner’s counterclaims with prejudice as final. Petitioner alternatively requests that this court deem the underlying dismissal order as final.1 A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, NRS 34.160, or to control an arbitrary or capricious exercise of discretion, Int’l Game Tech., Inc. v. Second Jud. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). A writ of prohibition arrests the proceedings of a tribunal that is acting in excess of, or without, jurisdiction. NRS 34.320. The decision to entertain a petition for extraordinary writ relief is within our sole discretion, and the petitioner has the burden of demonstrating that such relief is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having 1Petitioner also asks this court to address the purported systemic bias of the district court. considered the petition and the supporting documents, we conclude that petitioner has not carried his burden of demonstrating that extraordinary relief is warranted. Particularly as to the request that we direct the district court to resolve the pending NRCP 59(e) motion, this court is confident that the district court will promptly and expeditiously rule on the motion as its docket allows. Accordingly, we ORDER the petition DENIED. Bulla, C.J. Gibbons, J. Westbrook, J. cc: Fennemore Craig P.C./Reno James Everett Franklin, II Hon. Steve L. Dobrescu, District Judge The Seventh Judicial District Court of the State of Nevada, in and for the County of White Pine, District Court Clerk 2