IN THE SUPREME COURT OF THE STATE OF NEVADA

ROY J. CAVILL, No. 71721 Petitioner, vs. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NYE; FILED AND THE HONORABLE KIMBERLY A. DEC 162016 WANKER, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This petition seeks a writ of mandamus allowing petitioner to dismiss appointed counsel and proceed pro se or directing the respondent district court judge to schedule a hearing on petitioner's motion to dismiss counsel Petitioner apparently seeks this relief so that he can pursue postconviction remedies. We conclude that the relief requested is unnecessary.

The counsel petitioner seeks to dismiss, attorney David Neely, was appointed to represent petitioner on appeal from the judgment of conviction. The court of appeals affirmed the judgment of conviction, Gavin v. State, Docket No. 67845 (Order of Affirmance, November 19, 2015), and this court subsequently denied a petition for review of that decision, Cavill v. State, Docket No. 67845 (Order, March 25, 2016). The remittitur issued on April 19, 2016. Appointed appellate counsel's responsibilities are complete. Therefore, no motion or court order is

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(0) 1947A e sr37H7 required to terminate appellate counsel's representation.' Accordingly, petitioner has not demonstrated that our intervention by writ of mandamus is warranted, see Round Hill Gen. Imp. Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (explaining that mandamus may issue when respondent has "clear, present legal duty to act" or has manifestly abused its discretion or exercised its discretion arbitrarily or capriciously); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioned I cardies] the burden of demonstrating that extraordinary relief is warranted."), and we ORDER the petition DENIED.

Cherry

garS Douglas Gibbons cc: Hon. Kimberly A. Wanker, District Judge Roy J. Cavill David H. Neely, III Attorney General/Carson City Nye County District Attorney Nye County Clerk 'If petitioner seeks to further challenge his judgment of conviction, he must file a postconviction petition for a writ of habeas corpus as provided in NRS 34.720 to MRS 34.830. See NRS 34.724. If petitioner is unable to pay the costs of the postconviction proceeding or to employ counsel, he may file an appropriate motion and affidavit with his petition.

See NRS 34.735; NRS 34.750. We express no opinion as to the merits of any such petition or whether petitioner could comply with the procedural bars set forth in MRS chapter 34.

SUPREME COURT OF NEVADA (0) 1947A e