Opinion
No. 66877
03-20-2015
DEMARLO ANTWIN BERRY, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 dismissing appellant's post-conviction petition for a writ of habeas corpus. Appellant has filed a "Motion for Summary Disposition," in which he notes that the instant appeal is from an order of the district court that was entered shortly after he appealed from a similar decision that dismissed the same petition. Specifically, the district court dismissed appellant's post-conviction petition for a writ of habeas corpus in a document entitled a "Decision," the appeal from which was docketed in this court as Docket No. 66474, and in which briefing is proceeding. Thereafter, the district court dismissed the same post-conviction petition for a writ of habeas corpus in a different document entitled "Findings of Fact, Conclusions of Law and Order," (Findings) the appeal from which was docketed under the instant docket number. Appellant argues that the Findings document is a "nullity" and "should be stricken."
Respondent responds that it prepared the Findings for the district court's consideration because it was concerned whether the "Decision" was in the proper format; however, it joins the appellant's request that the "Findings be stricken from the appellate record" and asks that this instant appeal be dismissed. Appellant has not filed a reply.
Cause appearing, we grant appellant's motion and respondent's request to the extent that the instant appeal is dismissed.
The motion to extend the briefing schedule is denied as moot.
/s/_________, C.J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Cherry
cc: Hon. Michael Villani, District Judge
Richards Brandt Miller Nelson
Weil & Drage, APC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk