MOHAMED ABDALLA MAHMOUD v. NDOC (2023)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order dismissing, in part, a petition for a writ of habeas corpus and denying, without prejudice, a motion for appointment of counsel. First Judicial District Court, Carson City; James E. Wilson, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the appeal appears premature because claims remain pending below. See generally State v. Lewis, 124 Nev. 132, 136, 178 P.3d 146, 148 (2008) (explaining that, generally, a judgment must be final before vesting jurisdiction in this court); NRAP 4(b)(5)(B) (providing for entry of a judgment finally resolving postconviction matters). The district court expressly maintained appellant's claim regarding loss of credits and contemplated further proceedings on that claim. Appellant may appeal from a final judgment resolving all of his postconviction claims. NRS 34.575. Additionally, no statute or court rule permits an appeal from an order denying a motion to appoint counsel. Castillo v. State, 106 Nev. 349, 352, 792 P.2cl 1133, 1135 (1990). Accordingly, we lack jurisdiction over this appeal and

ORDER this appeal DISMISSED.

Herndon, J.

Lee, J.

Parraguirre, J.