Viox (Charles) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

CHARLES DEAN VIOX, No. 70853 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. SEP 2 7 2016 TRACIE K LINDEMAN CLERK„CDF SUPREME COURT • V(0—WI"—to, ORDER DISMISSING APPEAL DEPUTY CLERK

This is a pro se appeal from a purported final order dismissing a postconviction petition for a writ of habeas corpus. Fourth Judicial District Court, Elko County; Charles M. McGee, Judge.

On July 18, 2016, appellant filed a notice of appeal from the July 5, 2016, order. Our review of the documents before this court indicates that the order being challenged on appeal is not a final order. In that order, the district court scheduled a telephOnic hearing for July 29, 2016. Only the final decision of the district court is appealable. See NRS 177.015(3); NRS 34.575. Because the July 5, 2016, order, is not a final order, we lack jurisdiction over this appeal. Accordingly, we ORDER this appeal DISMISSED.'

—94)Cia. "'L Parraguirre n fretasi J.

Hardesty 'In light of this order, we take no action on the pro se motion filed on August 1, 2016.

SUPREME COURT OF NEVADA

- 3003 2_ 1947A aeo cc: Chief Judge, The Fourth Judicial District Court Hon. Charles M. McGee, Senior Judge Charles Dean Viox Attorney General/Carson City Elko County District Attorney Elko County Clerk

SUPREME COURT OF NEVADA (0) 1947A men