BROWN v. GARRETT (2026)

ORDER DISMISSING APPEAL

A preliminary review of the documents before this court revealed a potential jurisdictional defect and this court issued an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, the challenged order did not appear to be a final, appealable order resolving the postconviction petition for writ of habeas corpus, as it dismisses the second and third grounds for habeas relief but does not resolve the first ground. In response to the order to show cause, appellant concedes that the district court did not resolve the first claim for relief and that this notice of appeal was filed in “an abundance of caution.”

Because the challenged order does not finally resolve this postconviction matter, this court lacks jurisdiction. See NRAP 4(b)(6)(B) (requiring the district court to enter a written order finally resolving a postconviction matter); Sandstrom v. Second Jud. Dist. Ct., 121 Nev. 657, 659, 119 P.3d 1250, 1252 (2005) (“[A] final order [is] one that disposes of all issues leaving nothing for future consideration.”); NRS 177.015(3) (“The defendant only may appeal from a final judgment ․ in a criminal case.”). Appellant may file a new notice of appeal, if aggrieved, once the district court enters an order finally resolving all claims raised below, NRS 34.575. Accordingly, this court

ORDERS this appeal DISMISSED.