EDWARDS v. STATE (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. Eighth Judicial District Court, Clark County; Jacqueline M. Bluth, Judge.

This court's review of this appeal reveals jurisdictional defects. Appellant filed the notices of appeal on August 5, 2019, and September 12, 2019. In his notices of appeal, appellant states that he is appealing the “initial petition for writ of habeas corpus.” The documents before this court indicate that a postconviction petition for a writ of habeas corpus has not been filed in district court case number C-13-288204-1, the case number designated in the notices of appeal, since January 26, 2015. On February 24, 2017, the district court entered an order granting appellant's postconviction petition for a writ of habeas corpus. Appellant filed an appeal pursuant to the provisions of NRAP 4(c) (appeal deprivation). See Edwards v. State, Docket No. 72500. Thus, to the extent that appellant appeals from the February 24, 2017, order, the appeals are untimely filed and appellant is not aggrieved by the order. See NRS 177.015 (only an aggrieved party may appeal); Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994) (an untimely notice of appeals fails to vest jurisdiction in this court). To the extent that appellant appeals from the order denying a “motion to stay/motion for clarification” entered on August 5, 2019,¹ no statute or court rule provides for an appeal from such an order. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

FOOTNOTES

1.   It appears that the August 5, 2019, order erroneously states that appellant's initial habeas corpus petition was denied; appellant's petition was granted.