Opinion
83690-COA
08-26-2022
OSCAR GOMEZ, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
Oscar Gomez, Jr., appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on May 14, 2020, and supplemental pleadings. Eighth Judicial District Court, Clark County; Cristina D. Silva, Judge.
Our review of this appeal reveals a jurisdictional defect. The December 6, 2021, order purportedly denying Gomez's petition and supplemental pleadings did not resolve all of the claims Gomez raised below. Specifically, the order did not address grounds four through six raised in Gomez's "'Original' Petition for Writ of Habeas Corpus" filed on February 4, 2021, which the district court construed as a supplemental pleading to the original petition. Therefore, the order was 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 34.575(1); NRS 177.015(3), and we
These grounds are restatements of arguments Gomez raised in his September 14, 2020, petition for writ of habeas corpus. It is unclear whether the district court considered this pleading as a supplemental pleading to the original petition.
ORDER this appeal DISMISSED.
Gibbons, C.J., Tao, J., Bulla, J.