Opinion
84046
01-28-2022
JOSEPH ALEXANDER HENDERSON, Appellant, v. WILLIAM A. GITTERE, WARDEN, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
This is a pro se appeal from a purported district court order dismissing a request for evidentiary hearing. Eighth Judicial District Court, Clark County; Carli Lynn Kierny, Judge.
Because no statute or court rule provides for an appeal from an order dismissing a request for evidentiary hearing, this court lacks jurisdiction to consider this appeal. 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). To the extent that appellant's appeal is in regard to the postconviction petition for a writ of habeas corpus filed in district court August 25, 2021, no decision has been made on that petition. See NRS 177.015(3) (stating that appellant may appeal from a final judgment or verdict). Accordingly, this court
ORDERS this appeal DISMISSED.
Silver J. Cadish, J. Pickering J.
Hon. Carli Lynn Kierny, District Judge