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Williams v. Baker

COURT OF APPEALS OF THE STATE OF NEVADA
Jun 29, 2018
No. 73710 (Nev. App. Jun. 29, 2018)

Opinion

No. 73710

06-29-2018

IRE RAY DAVID WILLIAMS, Appellant, v. RENEE BAKER, WARDEN; GREGORY COX, DIRECTOR, NEVADA DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, Respondents.


ORDER DISMISSING APPEAL

Ire Ray David Williams appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on June 29, 2016. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge.

Our review of this appeal reveals a jurisdictional defect. The July 6, 2017, order purportedly denying Williams' petition did not resolve all of the claims raised in the petition. Specifically, it did not address his claim that the Nevada Department of Corrections has failed to apply 20 days per month statutory credits earned pursuant to NRS 209.4465(1) to his maximum sentences. The order was thus not a final order. See Sandstrom v. Second Judicial Dist. Court, 121 Nev. 657, 659, 119 P.3d 1250, 1252 (2005) ("[A] final order [is] one that disposes of all issues and leaves nothing for future consideration."); see also NRS 34.830(1). Accordingly, we lack jurisdiction to consider this appeal, see NRS 34.575(1), and we

Even had the district court decided this claim, we would have been unable to review it as the record on appeal contains information dating back only to April 2013, while the amendatory provisions of NRS 209.4465(1) increasing good-time credits became effective July 1, 2007. See 2007 Nev. Stat., ch. 525, § 5, at 3176, § 21, at 3196. --------

ORDER this appeal DISMISSED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Gary Fairman, District Judge

Ire Ray David Williams

Attorney General/Carson City

Attorney General/Ely

White Pine County Clerk


Summaries of

Williams v. Baker

COURT OF APPEALS OF THE STATE OF NEVADA
Jun 29, 2018
No. 73710 (Nev. App. Jun. 29, 2018)
Case details for

Williams v. Baker

Case Details

Full title:IRE RAY DAVID WILLIAMS, Appellant, v. RENEE BAKER, WARDEN; GREGORY COX…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jun 29, 2018

Citations

No. 73710 (Nev. App. Jun. 29, 2018)