DAVID DURAN v. NEVADA BOARD OF PAROLE COMMISSIONERS (2025)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges respondent Nevada Board of Parole Commissioners’ 2024 denial of parole for petitioner David Duran and its subsequent denial of his reconsideration request.

A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control an arbitrary or capricious exercise of discretion. NRS 34.160; Int'l Game Tech., Inc. v. Second Jud. Dist. Ct., 124 Nev. 193, 197, 179 P.3d 556, 558 (2008). The decision as to whether a petition for extraordinary writ relief will be entertained rests within this court's sound discretion. D.R. Horton, Inc. v. Eighth Jud. Dist. Ct., 123 Nev. 468, 475, 168 P.3d 731, 737 (2007). Petitioner bears the burden of demonstrating that extraordinary relief is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the petition, the response thereto, and the other documents before us, we conclude petitioner has not demonstrated that our extraordinary intervention is warranted. See id. Accordingly, we

ORDER the petition DENIED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.