IN THE SUPREME COURT OF THE STATE OF NEVADA

PAUL SWISHER, No. 71251 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. DEC 1 2 2016 FSIZABETH A. BROWN CLERKSF 9PREME COURT ORDER DISMISSING APPEAL aY • DEPUTY CLERK

This is an appeal from a district court order resolving a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge.

On August 8, 2016, the district court issued an oral ruling dismissing appellant's petition for writ of habeas corpus. On September 28, 2016, this court issued an order directing the district court to enter its written order. However, on November 4, 2016, the district court entered an order granting a motion to reconsider the postconviction petition for a writ of habeas corpus, indicating that the petition is not barred by the expiration of appellant's sentence while the petition was pending. This order is not a final appealable order pursuant to NRS 177.015(3).

Accordingly, we ORDER this appeal DISMISSED

,J Hardesty

Pieku J. Aik_s L.: J.

Pickering Stiglich SUPREME COURT OF NEVADA

(0) 1941A e cc: Hon. Elissa F. Cadish, District Judge Law Offices of C. Conrad Claus Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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