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Jeffrey Paul MEEH, Petitioner, v. The FIFTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF NYE; and the Honorable Kimberly A. Wanker, District Judge, Respondents, The State of Nevada, Real Party in Interest.
ORDER DENYING PETITION
In his petition for a writ of mandamus, Jeffrey Paul Meeh seeks an order directing the district court to vacate its orders that directed Meeh to submit to random drug testing without probable cause in his underlying case. Meeh contends the district court had no reason to order him to submit to drug testing while his case was pending in the district court.
The same date that Meeh filed the instant petition, he was convicted of a misdemeanor and sentenced to a jail term. Nothing in the pleadings or record before this court suggests that Meeh would be subject to ongoing random drug testing pursuant to any order of the district court. Meeh's claims do not “rest upon existing facts or rights,” and his petition is therefore moot. Newman v. State, 132 Nev. 340, 344, 373 P.3d 855, 857 (2016), as modified (May 19, 2016) (quotation marks omitted). “Generally, we will not decide moot cases,” id., and Meeh fails to demonstrate this court's intervention by way of extraordinary relief is warranted, see Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228-29, 88 P.3d 840, 844 (2004) (explaining petitioners bear the burden to demonstrate that writ relief is warranted). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 84365-COA
Decided: July 08, 2022
Court: Court of Appeals of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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