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Gary Derrick FAIR, a/k/a Derrick Gary Fair, Appellant, v. Brian WILLIAMS, Warden, Respondent.
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; Valerie Adair, Judge.
This court’s review of this appeal reveals a jurisdictional defect. Specifically, no decision had been made on the “First Amended Petition for Writ of Habeas Corpus (Post Conviction) Stay Requested” when appellant filed the notice of appeal on October 17, 2019. To the extent that appellant’s appeal is in regard to the “Decision and Order” entered on May 2, 2018, the notice of appeal was untimely filed, see Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994), and appellant has already appealed the decision in Docket No. 75487. A second duplicate appeal may not be pursued. Accordingly, this court
ORDERS this appeal DISMISSED.
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Docket No: No. 79966
Decided: January 06, 2020
Court: Supreme Court of Nevada.
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