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Rateau v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 16, 2017
No. 72673 (Nev. App. May. 16, 2017)

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

ORDER the petition DENIED.

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


Summaries of

Rateau v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 16, 2017
No. 72673 (Nev. App. May. 16, 2017)
Case details for

Rateau v. State

Case Details

Full title:PAUL RATEAU, Petitioner, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 16, 2017

Citations

No. 72673 (Nev. App. May. 16, 2017)