MCKNIGHT v. STATE (2018)

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, no decision had been made on the petition when appellant filed his appeal on August 24, 2018.¹ Thus, the notice of appeal is premature. See NRS 177.015(3). To the extent that appellant appeals from the order denying a motion to expedite decision, no statute or court rule provides for an appeal from such an order. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). Accordingly, we

ORDER this appeal DISMISSED.

FOOTNOTES

1.   The documents before this court indicate that the district court took the matter under advisement at the conclusion of a hearing on November 3, 2017. As this matter has been pending for almost a year, we are confident that the district court will reach a resolution as expeditiously as its docket permits.