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Lovett v. Filson

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 73107 (Nev. App. May. 15, 2018)

Opinion

No. 73107

05-15-2018

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


ORDER DISMISSING APPEAL

Justin Lovett appeals from an order of the district court denying a February 10, 2017, postconviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge.

Although Lovett entitled his filing a petition for writ of mandamus, it challenged the computation of time served and was thus properly construed as a postconviction petition for a writ of habeas corpus. See NRS 34.724(2)(c). --------

Our review of this appeal reveals a jurisdictional defect. The April 27, 2017, order purportedly denying Lovett's petition did not resolve all of the claims raised in the petition. Specifically, it did not address Lovett's claim challenging the constitutionality of NRS 209.4465(8). 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

Justin Lovett

Attorney General/Carson City

White Pine County Clerk


Summaries of

Lovett v. Filson

COURT OF APPEALS OF THE STATE OF NEVADA
May 15, 2018
No. 73107 (Nev. App. May. 15, 2018)
Case details for

Lovett v. Filson

Case Details

Full title:JUSTIN LOVETT, Appellant, v. TIMOTHY FILSON, WARDEN; JAMES DZURENDA…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 15, 2018

Citations

No. 73107 (Nev. App. May. 15, 2018)