WILFRED HOLMES v. NEW JERSEY STATE PAROLE BOARD

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0984-10T3

WILFRED HOLMES,

Plaintiff-Appellant,

v.

NEW JERSEY STATE PAROLE BOARD,

Defendant-Respondent.

________________________________

October 18, 2012

Submitted October 2, 2012 - Decided

Before Judges Ostrer and Kennedy.

On appeal from the New Jersey State Parole Board.

Wilfred Holmes, appellant pro se.

Jeffrey S. Chiesa, Attorney General, attorney (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Christopher C. Josephson, Deputy Attorney General, on the brief).

PER CURIAM

Appellant Wilfred Holmes appeals from an August 25, 2010 decision of respondent denying him parole and establishing a 180 month future eligibility term (FET). Appellant's arguments on appeal exclusively concern the imposition of the FET. On December 21, 2011, after the filing of this appeal, respondent moved to remand the within appeal and seventeen other appeals, for reconsideration of the calculation of the FET. On December 27, 2011, we granted respondent's motion, but retained concurrent jurisdiction "to address the merits of the denials of parole."

However, as noted, appellant does not challenge the denial of parole, but rather only the imposition of the FET.1 Accordingly, this appeal is dismissed without prejudice to a motion by appellant to reinstate the appeal in accordance with our order of December 22, 2011, if a new future eligibility term is imposed by respondent upon remand.

Appeal dismissed without prejudice.

1 Appellant makes this explicit in his brief on appeal, wherein he states, "[Appellant] is not contending that he is a suitable candidate for parole release, but rather, that the second extended 15-year F.E.T. was . . . manifestly excessive."