DONTAE EUGENE MATHIS JR v. THE STATE OF NEVADA (2023)

ORDER DISMISSING APPEAL

Appellant's pro se notice of appeal indicates that “on July 18, 2023, this [district] court denied Mr. Mathis’ petition for writ of habeas corpus for time calculation” and that appellant seeks to challenge “this denial” on appeal. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

This court's review of this appeal reveals jurisdictional defects. In particular, the notice of appeal does not appear to designate any appealable order, as the district court docket entries for this case, C-22-365674-1, do not reveal any petition for habeas corpus and the court did not file any written order or minutes or hold any hearing on July 18, 2023. To the extent that appellant is challenging the July 19, 2023, order denying a motion to show cause, no statute or court rule permits an appeal from a district court order denying a motion to show cause in a criminal matter. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, as jurisdiction is lacking, this court

ORDERS this appeal DISMISSED.¹

Herndon, J.

Lee, J.

Parraguirre, J.

FOOTNOTES

1.   This court notes that appellant appears to have an open habeas case in the district court under Case No. A-23-870840-W, with a hearing scheduled for August 15, 2023.