JUSTIN ODELL LANGFORD v. THE STATE OF NEVADA (2023)

ORDER ADMINISTRATIVELY CLOSING DOCKET NO. 86505, AND DIRECTING TRANSMISSION OF RECORD AND REGARDING BRIEFING IN DOCKET NO. 86942

These pro se appeals challenge a district court order denying a postconviction motion to vacate conviction. In Docket No. 86505, the notice of appeal was prematurely filed after the district court entered minutes on the motion but before the district court entered a written order resolving the motion, and although a written order has since been filed, the minutes cited in the notice of appeal were vacated after the appeal was filed. In Docket No. 86942, the notice of appeal was timely filed after the written order denying appellant's motion to vacate was entered. Accordingly, this court concludes that appellant's appeal from the order denying his motion to vacate conviction may proceed in Docket No. 86942; the clerk of this court is directed to administratively close Docket No. 86505 and to transfer the notice of appeal and other documents filed under Docket No. 86505 to Docket No. 86942.

Having reviewed the documents on file in Docket No. 86942, this court has concluded that its review of the complete record is warranted. See NRAP 10(a)(1). Accordingly, the clerk of the district court shall have 30 days from the date of this order to transmit to the clerk of this court a certified copy of the complete trial court record of this appeal. See NRAP 11(a)(2). The record shall include copies of documentary exhibits submitted in the district court proceedings, but shall not include any physical, non-documentary exhibits or the original documentary exhibits. The record shall also include any presentence investigation reports submitted in a sealed envelope identifying the contents and marked confidential. See NRS 176.156(5).

Appellant's opening brief was filed on July 20, 2023. Any answering brief thus is due by August 21, 2023. However, respondent need not file a response to any brief filed by appellant, unless ordered to do so by this court. NRAP 46A(c). This court generally will not grant relief without providing an opportunity to file a response. Id.

It is so ORDERED.