Opinion
No. 75610
07-27-2018
RYAN OSHUN MOORE, Petitioner, v. CONNIE S. BISBEE, CHAIRMAN; SUSAN JACKSON; TONY CORDA; ADAM ENDEL, COMMISSIONERS; AND THE STATE OF NEVADA BOARD OF PAROLE, Respondents.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges the Board of Parole Commissioners' denial of parole for Ryan Oshun Moore. Moore asserts the Board: (1) did not provide him a meaningful opportunity for release, (2) incorrectly assessed his risk level, (3) improperly applied certain aggravating factors to him, and (4) failed to appropriately consider numerous mitigating factors in his favor. Moore relies on the Nevada Supreme Court's decision in Anselmo v. Bisbee, 133 Nev. ___, ___. 693 P.3d 848, 850 (2017), to support his claims.
We have considered the petition, and we are not satisfied this court's intervention by way of extraordinary writ is warranted at this time. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). Moore has failed to provide this court with an adequate record to review his claims because he did not provide a copy of the order denying parole. See NRAP 21(a)(4). Moreover, even accepting Moore's assertion that the Board applied NAC 213.518(2)(k) to him when denying parole, it appears application of this aggravating factor would not have been improper because the Board had modified its internal guidelines with respect to this aggravating factor in November 2016. See Nevada Parole Guidelines Aggravating and Mitigating Factors Definitions, http://parole.nv.gov/uploadedFiles/parolenvgov/content/Information/Aggravating_and_Mitigating_Factors_Definitions.pdf (last visited July 19, 2018); http://parole.nv.gov/Meetings/Public_Meetings_2016/ (last visited July 19, 2018). Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Ryan Oshun Moore
Attorney General/Carson City
Attorney General/Dep't of Public Safety/Carson City