JOSEPH LEE WEBSTER v. THE STATE OF NEVADA NDOC JERRY HOWELL WARDEN AND OMD OFFENDER MANAGEMENT DIV DIR NDOC (2025)

ORDER DISMISSING APPEAL AND INSTRUCTING DISTRICT COURT

This is a pro se notice of appeal from a district court order purportedly denying a motion to modify and/or correct an illegal sentence. Eighth Judicial District Court, Clark County; Tierra Danielle Jones. Judge

This court's review of this appeal reveals a jurisdictional defect. Specifically, the appeal appears premature because the motion to modify/correct remains pending below. See generally State v. Lewis, 124 Nev. 132, 136. 178 P,3d 146, 148 (2008) (explaining that, generally, a judgment must be final before vesting jurisdiction in this court); NRAP 4(b)(6)(B) (providing for entry of a judgment finally resolving postconviction matters). Although the district court dismissed the time computation portion of the motion without prejudice, it also transferred the remaining portions of the motion to Case No. 06C222052 in Department 10 to consider the challenges to the judgment of conviction. This matter thus is pending before Department 10 without a final appealable decision having been reached.¹ Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.²

Parraguirre, J.

Bell, J.

Stiglich, J.

FOOTNOTES

1.   It is unclear whether the transfer has been completed: the district court should ensure that the motion has been transferred to Case No. 06C222052 as contemplated.

2.   Appellant's failure to provide proof of service of the notice of appeal, as directed on September 2, 2025, constitutes an alternative basis for dismissing this appeal. See NRAP 3(d)(1).