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Rimer v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 1, 2017

Silver

ORDER DENYING PETITION

This original petition for a writ of mandamus seeks an order directing the State Board of Parole Commissioners to "conduct a rehearing retroactively" of petitioner Stanley Rimer's parole hearings in 2014 and 2016, at which he was denied parole. Rimer also requests, both in his petition and in a separately filed motion, that the commencement of his consecutive sentence be stayed to allow for such "rehearing." Having considered all documents on file herein, we conclude that petitioner has failed to demonstrate that our extraordinary intervention is warranted. NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Niergarth v. State, 105 Nev; 26, 28-29, 768 P.2d 882, 883- 84 (1989) (holding no statutory authority or case law permits a retroactive grant of parole). Accordingly, we

As the filing fee was waived upon the docketing of this matter, we deny Rimer's motion to waive the filing fee as moot.

ORDER the petition DENIED.

Rimer's motion to stay commencement of his "next sentence" pending the outcome of the petition in this matter is denied as moot. --------

/s/_________, C.J.


Silver

/s/_________, J.


Tao

/s/_________, J.


Gibbons cc: Stanley Earnest Rimer


Attorney General/Carson City


Eighth District Court Clerk