Opinion
No. 65303
04-16-2015
JOHN D. SIMS, Appellant, v. THE STATE OF NEVADA, IN RELATION TO THE NEVADA DEPARTMENT OF CORRECTIONS; AND JAMES G. COX, INDIVIDUALLY AND OFFICIALLY AS THE DIRECTOR OF THAT DEPARTMENT, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying a petition for a writ of mandamus. Sixth Judicial District Court, Pershing County; Richard Wagner, Judge.
Having considered appellant's brief and the record, we conclude that the district court acted within its discretion in denying appellant's mandamus petition, as appellant failed to meet his burden of demonstrating that the law required respondents to use an assessment method other than the one used in evaluating his risk of reoffending for purposes of parole. NRS 34.160 (explaining that a writ of mandamus may be issued to compel the performance of an act that the law requires); Kay v. Nunez, 122 Nev. 1100, 1105, 146 P.3d 801, 805 (2006) (reviewing a district court order denying mandamus relief for an abuse of discretion); see NRS 213.1214 (requiring use of a "currently accepted standard of assessment" in evaluating risk of reoffending for certain offenses). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Jim C. Shirley, District Judge
John Douglas Sims
Attorney General/Carson City
Pershing County Clerk