October 18, 2012
WILFRED HOLMES, PLAINTIFF-APPELLANT,
NEW JERSEY STATE PAROLE BOARD, DEFENDANT-RESPONDENT.
On appeal from the New Jersey State Parole Board.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 2, 2012
Before Judges Ostrer and Kennedy.
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.*fn1 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.