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Nowak v. Filson

SUPREME COURT OF THE STATE OF NEVADA
Jul 17, 2018
No. 76252 (Nev. Jul. 17, 2018)

Opinion

No. 76252

07-17-2018

BRENT JOHN NOWAK, Appellant, v. TIMOTHY FILSON, WARDEN, Respondent.


ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, no decision had been made on the petition when appellant filed his appeal on June 25, 2018. Thus, the notice of appeal is premature. See NRS 177.015(3). To the extent that appellant appeals from the "order granting motion for enlargment of time to file return to petition," no statute or court rule permits an appeal from such an order. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we

ORDER this appeal DISMISSED.

/s/_________, J.

Pickering /s/_________, J.
Gibbons /s/_________, J.
Hardesty cc: Hon. Steve L. Dobrescu, District Judge

Brent John Nowak

Attorney General/Carson City

Attorney General/Ely

White Pine County Clerk


Summaries of

Nowak v. Filson

SUPREME COURT OF THE STATE OF NEVADA
Jul 17, 2018
No. 76252 (Nev. Jul. 17, 2018)
Case details for

Nowak v. Filson

Case Details

Full title:BRENT JOHN NOWAK, Appellant, v. TIMOTHY FILSON, WARDEN, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 17, 2018

Citations

No. 76252 (Nev. Jul. 17, 2018)