CRAIN v. STATE (2025)

ORDER DISMISSING APPEAL

This is a pro se appeal from an August 8, 2025, district court order denying a post-conviction motion for summary judgment in a criminal case.

No statute or court rule permits an appeal from an order denying a motion for summary judgment. Further, although it appears that the district court may have treated the motion for summary judgment as a petition to establish factual innocence, no appeal lies from an order determining that the petitioner failed to meet the NRS 34.960(2) requirements and dismissing the petition. Sanchez v. State, 140 Nev., Adv. Op. 78, 561 P.3d 35, 39 (2024) (“[T]he factual-innocence statutes do not provide for an appeal from an order dismissing a petition without prejudice under NRS 34.960.”). Accordingly, this court lacks jurisdiction, Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (recognizing that this court may decide an appeal only when authorized by statute or court rule), and we

ORDER this appeal DISMISSED.