MORAGA v. STATE (2026)

ORDER ADMINISTRATIVELY CLOSING APPEAL IN DOCKET NO. 91993, REDESIGNATING APPEAL, AND DIRECTING APPELLANT TO PAY FILING FEE

These appeals were docketed in this court on January 22, 2026, and upon docketing they were designated as criminal appeals. Because the appeals were not accompanied by proof of service, on January 22, 2026, this court issued notices directed appellant to file proof of service of the notice of appeal. On February 6, 2026, appellant filed proof of service of the notice of appeal in Docket No. 91993. In the proof of service appellant states that this is an appeal from the denial of a motion for return of seized property and it is not a criminal action. We agree with appellant that these appeals should not be designated in this court as criminal appeals. Further, because both notices of appeal state that appellant is challenging the order denying the motion for return of seized property, the notices of appeal should have been docketed in the same docket number in this court. Accordingly, the clerk of this court shall transfer all documents that were filed in Docket No. 91993 to Docket No. 91991 and administratively close the appeal in Docket No. 91993. The clerk shall also redesignate the appeal in Docket No. 91991 as a civil appeal.

Because this appeal is a civil appeal a filing fee is due. See NRS 2.250(1)(a); NRAP 3(e). Accordingly, appellant shall have 30 days from the date of this order to either (1) pay the $250 filing fee in this court or (2) file a motion to proceed in forma pauperis in the district court and file a file-stamped copy of a motion in this court. Appellant is cautioned that failure to comply with this order will result in the dismissal of this appeal. See NRAP 3(a)(2).

It is so ORDERED.