JAYSHAWN BAILEY v. THE STATE OF NEVADA (2025)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a petition to establish factual innocence without prejudice. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

It appears that appellant attempted to file a petition to establish factual innocence in the district court. However, what appellant actually filed was a petition to establish factual income. In a hearing held on February 25, 2025, the district court noted that “income” should have been “innocence” and denied appellant's petition without prejudice by order entered March 27, 2025. No statute or court rule permits an appeal from this order. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (explaining that this court has jurisdiction only when statute or court rule provides for appeal); cf. Sanchez v. State, 140 Nev. Adv. Op. 78, __, 561 P.3d 35, 41 (2024) (“no court rule or statute authorizes an appeal from an order dismissing an innocence petition without prejudice under NRS 34.960”). Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.

Pickering, J.

Cadish, J.

Lee, J.