From Casetext: Smarter Legal Research

Rule v. Gentry

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 16, 2018
No. 75308 (Nev. App. Oct. 16, 2018)

Opinion

No. 75308

10-16-2018

MICHAEL DALE RULE, Appellant, v. JO GENTRY, WARDEN, Respondent.


ORDER DISMISSING APPEAL

Michael Dale Rule appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on September 27, 2017.

Our review of this appeal reveals a jurisdictional defect. The March 21, 2018, order purportedly denying Rule's petition did not resolve any of the claims raised in the petition. Specifically, it did not address Rule's claim that the Nevada Department of Corrections is failing to apply credits he earned pursuant to NRS 209.4465 to his minimum sentence. 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, and we

ORDER this appeal DISMISSED.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, Chief Judge

Michael Dale Rule

Attorney General/Carson City

Eighth District Court Clerk


Summaries of

Rule v. Gentry

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 16, 2018
No. 75308 (Nev. App. Oct. 16, 2018)
Case details for

Rule v. Gentry

Case Details

Full title:MICHAEL DALE RULE, Appellant, v. JO GENTRY, WARDEN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 16, 2018

Citations

No. 75308 (Nev. App. Oct. 16, 2018)