HEUSNER v. HOWELL (2019)

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 and denying a petition for a writ of mandamus.¹ Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

This court's review of this appeal reveals a jurisdictional defect. No decision had been made on the postconviction petition for a writ of habeas corpus when appellant filed his appeal on May 10, 2019. Further, no petition for a writ of mandamus was filed in district court case number A-19-794435-W. Thus, this appeal is premature. See NRS 177.015(3). Accordingly, this court

ORDERS this appeal DISMISSED.

FOOTNOTES

1.   Appellant has already appealed from the order denying a postconviction petition for a writ of habeas corpus and denying a petition for a writ of mandamus entered on April 9, 2019, in district court case number 07C235876. See Heusner v. State, Docket No. 78800.