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Chavez v. Filson

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 73091 (Nev. App. May. 15, 2018)

Opinion

No. 73091

05-15-2018

JAFET CHAVEZ, Appellant, v. TIMOTHY FILSON, WARDEN; JAMES DZURENDA, DIRECTOR; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, Respondents.


ORDER DISMISSING APPEAL

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

Our review of this appeal reveals a jurisdictional defect. The April 18, 2017, order purportedly denying Chavez' petition did not resolve all of the claims raised in the petition. Specifically, it did not address Chavez' claims challenging the validity of NRS 209.4465(8) and that the Nevada Department of Corrections is failing to properly apply credits he earned pursuant to NRS 209.4465 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"). Accordingly, we lack jurisdiction to consider this appeal, see NRS 177.015(3), and we

ORDER this appeal DISMISSED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Hon. Gary Fairman, District Judge

Jafet Chavez

Attorney General/Carson City

Attorney General/Ely

White Pine County Clerk


Summaries of

Chavez v. Filson

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 73091 (Nev. App. May. 15, 2018)
Case details for

Chavez v. Filson

Case Details

Full title:JAFET CHAVEZ, Appellant, v. TIMOTHY FILSON, WARDEN; JAMES DZURENDA…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 15, 2018

Citations

No. 73091 (Nev. App. May. 15, 2018)