supplement to petition for writ of habeas corpus. Accordingly, we grant respondent's motion, and we ORDER this appeal DISMISSED.'

Parraguirre

J.

Douglas Cherry

cc: Hon. Kerry Louise Earley, District Judge Federal Public Defender/Las Vegas Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'In his opposition, appellant asserts that he should be allowed to avail himself of the procedure outlined in Foster v. Dingwall, 126 Nev. 49, 228 P.3d 453 (2010), and that the order from which appellant appeals is "more properly characterized as a final order denying relief under Foster. ." Here, appellant has demonstrated no basis for a remand pursuant to Foster. See id. at 52 - 53, 228 P.3d at 455-56 (detailing the circumstances under which such a remand may be sought and the procedure to be followed).

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