Opinion
No. 76301-COA
03-27-2019
ORDER OF AFFIRMANCE
Christopher Anthony Jones appeals from a district court order resolving a petition for writ of mandamus. First Judicial District Court, Carson City; James E. Wilson, Judge.
Jones filed a petition for writ of mandamus seeking an order requiring respondents to vacate the parole board's 2008 decision denying him parole and to hold a new hearing properly adhering to the board's guidelines by not considering improper aggravating factors and considering all relevant mitigating factors. Respondents moved to dismiss and Jones opposed the motion. Jones also filed a motion to strike relating to an argument contained in respondents' reply. The district court denied the motion to strike and granted dismissal, effectively denying mandamus. This appeal followed.
Based upon our review of the record and the arguments before us on appeal, we discern no abuse of discretion in the district court's denial of mandamus relief as the record does not demonstrate that Jones met his burden of establishing extraordinary relief was warranted under the circumstances of this case. See City of Sparks v. Reno Newspapers, Inc., 133 Nev. 398, 399, 399 P.3d 352, 354 (2017) (stating that a district court order resolving a petition for writ of mandamus is reviewed for an abuse of discretion); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (providing that petitioner bears the burden of demonstrating that extraordinary relief is warranted). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. James E. Wilson, District Judge
Christopher Anthony Jones
Attorney General/Dep't of Public Safety/Carson City
Carson City Clerk