Opinion
No. 72673
05-16-2017
PAUL RATEAU, Petitioner, v. THE STATE OF NEVADA, Respondent.
ORDER DENYING PETITION
This original petition for a writ of mandamus and/or prohibition seeks the dismissal of charges pending against petitioner, with prejudice. Petitioner asserts charges have been pending against him for more than 28 years and Washoe County officials refuse to proceed with the charges. A writ of mandamus or prohibition is only available where there is no plain, speedy, and adequate remedy in law. NRS 34.170; NRS 34.330. We are not satisfied this court's intervention by way of extraordinary writ is warranted at this time because petitioner has not demonstrated he has no plain, speedy, and adequate remedy at law. 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."). Accordingly, without deciding upon the merits of any claims raised therein, we deny the petition. See NRAP 21(b)(1). Therefore, we
In light of this order, we deny petitioner's motions for the appointment of counsel. --------
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Paul Rateau
Attorney General/Carson City
Washoe District Court Clerk