IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID COLVIN, No. 69148 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED JAN 1 3 2016 TRACIE K. UNDEMAN CLERK OF SUPREME COURT BY DEPUTY CLERK

ORDER DISMISSING APPEAL This is an appeal from a district court order denying a I * resentence motion to disqualify a judge. Eighth Judicial District Court, Clark County; David B. Barker, Judge.

When our initial review of the notice of appeal and documents before this court revealed a potential jurisdictional defect, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Specifically, we noted that no statute or court rule provides for an appeal from an order denying a motion to disqualify a judge. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990).

Appellant's response indicates that the motion to disqualify is intertwined with a motion to withdraw a plea. However, appellant does not identify any statute or court rule allowing for an appeal from an order denying a

SUPREME COURT OF NEVADA (0) 1047A ce -01 1 07 motion to disqualify a judge. Accordingly, we conclude that we lack jurisdiction over this appeal and ORDER this appeal DISMISSED. 1

Douglas

Cherry Gibbons

cc: Hon. David B. Barker, District Judge Alan J. Butte11 & Associates Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk David Colvin

1 \Are note that intermediate orders may be reviewed on appeal from a final judgment. NRS 177.045.

SUPREME COURT OF NEVADA

(0) 1947A