VIRGIL WALKER WOODS JR v. WARDEN AND THE STATE OF NEVADA (2025)

ORDER DISMISSING APPEAL

Virgil Walker Woods, Jr. appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on April 3, 2018, a “first amended pro per” petition filed on June 21, 2018, and supplemental petitions filed on October 12, 2020, and March 29, 2023. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

Our review of this appeal reveals a jurisdictional defect. Woods previously appealed from a November 23, 2020, district court order purportedly denying Woods’ petitions. See Woods v. State, No. 82184-COA, 2021 WL 3509235 (Nev. Ct. App. Aug. 9, 2021) (Order Dismissing Appeal). In this court's order of dismissal, we determined that the November 23, 2020, order was not a final order because it did not address claims Woods raised in his “first amended pro per” petition. See id. at *1. This court instructed that “[t]he final order should also include the disposition of Woods’ claim regarding the jury instructions, which was addressed only in the minute order of the district court's October 12, 2020, hearing.” Id. at *1 n.1. However, the district court's October 2, 2024, order, which is the subject of the instant appeal, does not include a disposition of Woods’ claim regarding the jury instructions. 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). Based on the foregoing, we

ORDER this appeal DISMISSED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.