HOUSTON v. STATE (2023)

ORDER DISMISSING APPEAL

This appeal was initiated by the filing of a pro se notice of appeal.

The district court docket and minute entries indicated that a petition for a writ of certiorari was orally denied on June 16, 2022. Accordingly, on October 5, 2022, and December 14, 2022, this court entered orders directing entry and transmission of the written order denying the petition. On December 27, 2022, the district court filed a response stating that appellant's motion titled “Emergency Interpleadings Not Limited to Letter of Motion to Stay the Remittitur in A758861, Pending Application to the Supreme Court of the United States for a Writ of Certiorari” filed in district court on May 19, 2022, was erroneously filed by the district court clerk as a petition for a writ of certiorari. The findings of fact, conclusions of law and order resolving the motion was entered on November 15, 2022.

Because no statute or court rule provides for an appeal from this order, this court lacks jurisdiction to consider this appeal. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (explaining that court has jurisdiction only when statute or court rule provides for appeal). Accordingly, this court

ORDERS this appeal DISMISSED.¹

FOOTNOTES

1.   Given this order, this court takes no action on the pro se documents filed on September 28, 2022, October 25, 2022, December 5, 2022, December 7, 2022, December 8, 2022, and January 11, 2023.