MORGAN JAMES MOORE v. WARDEN HDSP AND THE STATE OF NEVADA (2024)

ORDER DISMISSING APPEAL

Morgan James Moore appeals from a district court order denying a postconviction petition for a writ of habeas corpus challenging the computation of time served filed on August 30, 2023. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.

Our review of this appeal reveals a jurisdictional defect. The record indicates that Moore filed two postconviction habeas petitions on August 30, 2023: one titled “petition for writ of habeas corpus per NRS 34.724 2(c)” (first petition), and the other titled “petition for writ of habeas corpus per NRS 209.4465, AB 271” (second petition). Although these petitions raised separate and distinct claims challenging the computation of time served, both were filed in district court case no. A-23-876876-W. In its November 15, 2023. order, the district court denied a singular petition and addressed only those claims raised in the second petition. Therefore, the district court's order is not a final order because it does not resolve the claims raised in Moore's first petition. See Sandstrom v. Second Jud. Dist. Ct., 121 Nev. 657, 659, 119 P.3d 1250, 1252 (2005) (“[A] final order [is] one that disposes of all issues and leaves nothing for future consideration.”). Because the district court did not address Moore's first petition, this court lacks jurisdiction to consider this appeal. See NRS 177.015(3). Accordingly, we

ORDER this appeal DISMISSED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.