GUSTAVO HERNANDEZ JR v. THE STATE OF NEVADA (2023)

ORDER ADMINISTRATIVELY CLOSING THE APPEAL IN DOCKET NO. 86267 AND TRANSFERRING DOCUMENTS TO DOCKET NO. 85184

On March 14, 2023, appellant filed a notice of appeal in district court case number C-16-315348-1, the case number designated in Docket No. 86267. The notice of appeal appears to indicate that appellant is attempting to appeal the order dismissing appeal entered by the Court of Appeals in Docket No. 85184-COA on February 14, 2023. The proper procedure for challenging a decision entered by the Court of Appeals is to file a petition for review in the Nevada Supreme Court pursuant to NRAP 40B. See NRAP 40B(a). Accordingly, the notice of appeal filed in Docket No. 86267 is construed as a petition for review. The clerk of this court shall administratively close the appeal in Docket No. 86267 and transfer the documents filed in Docket No. 86267 to the appeal in Docket No. 85184. The clerk of this court shall recall the remittitur issued on March 14, 2023, in Docket No. 85184.

It is so ORDERED.¹

FOOTNOTES

1.   The filing fee was waived upon the docketing of the appeal. Accordingly, the motion for leave to proceed on appeal in forma pauperis is denied as moot.