MAURICE OMAR BARNES v. THE STATE OF NEVADA (2023)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court's purported denial of a post-conviction petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Tara D. Clark Newberry, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, it does not appear that any decision had been made on the petition when appellant filed the notice of appeal on August 18, 2023, and that the petition remains pending. Thus, the notice of appeal is premature. See NRS 177.015(3) (stating that a defendant may appeal only from a final judgment or verdict). Accordingly, we lack jurisdiction, and this court

ORDERS this appeal DISMISSED.¹

Herndon, J.

Lee, J.

Parraguirre, J.

FOOTNOTES

1.   In light of this order and this court's lack of jurisdiction over this matter, all relief requested petitioner's October 4, 2023, motion is denied.