Opinion
No. 62959
11-14-2013
KEVIN DREW ALMY, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying appellant Kevin Drew Almy's post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
Almy asserts that the district court order does not resolve all claims raised in his post-conviction petition for a writ of habeas corpus. It appears from our review of the documents submitted on appeal that the district court's Findings of Fact, Conclusions of Law and Order entered on March 7, 2013, only addresses the claims raised in the supplement to Almy's post-conviction petition filed by Carmine J. Colucci on October 8, 2012, and does not address the claims raised in the supplement filed by Matthew D. Carling on February 17, 2012, or those raised in Almy's original petition filed on March 23, 2009, and its supplements filed July 27, 2009, October 27, 2009, and November 30, 2009. Because the district court order does not resolve all claims raised below, it is not a final order, and we lack jurisdiction. Therefore, we
Almy's fast track statement does not comply with the Nevada Rules of Appellate Procedure because it fails to contain adequate citation to the record, see NRAP 3C(e)(1)(C), does not contain one-inch margins on all sides, and the body of the text, excluding headings, footnotes, and quotations, is not double-spaced, see NRAP 3C(h)(1); NRAP 32(a)(4). The State's fast track response fails to comply with NRAP 3C(h)(1) and NRAP 32(a)(4) because the body of the text, excluding headings, footnotes, and quotations, it is not double-spaced. We caution counsel for both parties that future failure to comply with the applicable rules when filing briefs in this court may result in the imposition of sanctions. See NRAP 3C(n).
__________, J.
Gibbons
__________, J.
Douglas
__________, J.
Saitta
cc: Hon. Michelle Leavitt, District Judge
Carmine J. Colucci & Associates
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk