Opinion
No. 74214-COA
12-04-2018
JASON SWOGGER, Petitioner, v. DWIGHT NEVEN, WARDEN OF CASA GRANDE TRANSITIONAL HOUSING; DWAYNE DEAL, ADMINISTRATOR FOR OFFENDER MANAGEMENT DIVISION; AND JAMES DZURENDA, DIRECTOR OF NEVADA DEPARTMENT OF CORRECTIONS, Respondents.
cc: Law Office of Kristina Wildeveld Attorney General/Carson City
ORDER DENYING PETITION
This original petition for a writ of mandamus seeks an order directing respondents to release Jason Swogger to the "305 program" for alcohol treatment and residential confinement pursuant to NRS 209.425 through NRS 209.429. Swogger asserts he met the qualifications for the program, and consequently, assignment to the program was mandatory one year prior to his eligibility for parole pursuant to NRS 209.427(1). See Winkle v. Foster, 127 Nev. 488, 493-94, 269 P.3d 898, 901 (2011). Swogger asserts the Department of Corrections acted in an arbitrary and capricious manner when it determined Swogger had a recent disciplinary history that disqualified him and when it determined the timing for release was not one year prior to eligibility for parole, but rather one year prior to the mandatory parole release date.
We have considered the petition, and we are not satisfied this court's intervention by way of extraordinary writ is warranted at this time. Swogger carried the burden to demonstrate extraordinary relief is warranted, and he failed to provide this court with documents to support his claim that his disciplinary infraction was not serious. See NRS 209.427(3); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Accordingly, without deciding upon the merits of any claims raised, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Law Office of Kristina Wildeveld
Attorney General/Carson City