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JOSEPH WAYNE JONES, Appellant, v. THE STATE OF NEVADA; DWIGHT NEVEN IN HIS OFFICIAL CAPACITY AS THE WARDEN OF HIGH DESERT STATE PRISON; AND JAMES GREG COX IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE NEVADA DEPARTMENT OF CORRECTIONS, Respondents.
ORDER DISMISSING APPEAL
Joseph Wayne Jones appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on December 29, 2022.1 Eighth Judicial District Court, Clark County; Christy L. Craig, Judge.
Our review of this appeal reveals a jurisdictional defect. The December 18, 2023, order purportedly denying Jones’ petition did not resolve all of the claims raised below. Specifically, the order did not address Jones’ claim that he was entitled to additional presentence credit. The order was thus not a final order. 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.”). Accordingly, we lack jurisdiction to consider this appeal, see NRS 34.575(1); NRS 177.015(3), and we
ORDER this appeal DISMISSED.2
Gibbons, C.J.
Bulla, J.
Westbrook, J.
FOOTNOTES
1. The district court's order incorrectly states that Jones’ petition was filed on August 29, 2022.
2. Jones has requested the appointment of counsel on appeal and permission to file an affidavit with new information. In light of this court's disposition, we conclude that neither the appointment of counsel nor the filing of an affidavit is warranted.
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Docket No: No. 87398-COA
Decided: August 01, 2024
Court: Court of Appeals of Nevada.
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