CARL DEAN EDWARDS v. THE STATE OF NEVADA AND NDOC (2023)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order dismissing, in part, a postconviction petition for a writ of habeas corpus and granting a motion to dismiss time challenge claims and reassign to responding agency to answer the remaining challenge to the judgment of conviction. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, it appears that the order challenged on appeal is not a final appealable determination. Appellant's claims challenging his conviction appear to be unresolved and remain pending after Judge Ballou dismissed the time computation portion of the habeas petition and transferred the matter to Judge Holthus in Department 18 to consider the merits of the remaining postconviction challenge of the conviction. See NRS 177.015(3) (“The defendant only may appeal from a final judgment ․ in a criminal case.”). This matter thus is pending before Judge Holthus without a final appealable decision having been reached. Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.

Cadish, J.

Pickering, J.

Bell, J.