Altheide (Jason) Vs. Dist. Ct. (State)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JASON ARTHUR ALTHEIDE, No. 81205 Petitioner, vs. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED

IN AND FOR THE COUNTY OF NYE, JUN 0 4 2020 Respondent, ELIZABETH A. BROWN and CLERK 03 trREME COURT eY

THE STATE OF NEVADA, ••••• 7 DEFKITYVAK-dtak

Real Party_in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

In this original pro se petition for a writ of mandamus, petitioner seeks a writ directing the district court to resentence him under amendments to Nevada's habitual criminal statute.

We have reviewed the documents submitted in this matter and, without deciding upon the merits of any claims raised therein, we decline to exercise our original jurisdiction in this matter. See NRS 34.160; NRAP 21(b)(1); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner( ] cardies] the burden of demonstrating that extraordinary relief is warranted.").

SUPREME COURT OF NEVADA

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Petitioner's failure to provide timely proof of service of the • petition constitutes an additional basis upon which to deny relief. NRAP 21(a)(1). Accordingly, we ORDER the petition DENIED.

lett 9 , C.J.

Pickering

J. J.

Hardesty Stiglich

cc: Jason Arthur Altheide Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA

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