McNeil (Michael) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA MICHAEL MCNEIL, No. 74261

Appellant, vs.

TIM FILSON. WARDEN: NEVADA F I L Er, rlit) DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, JAN 26 2Ui8

Respondents. CL

EIMICEIS?

URT DEPUTY CL

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported decision resolving a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; David M. Jones, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, no decision had been made on the petition when appellant filed his appeal on October 12, 2017. To the extent that appellant appeals from the order to transfer, no statute or court rule provides for an appeal from such an order. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). Accordingly, we lack jurisdiction over this appeal, and we

ORDER this appeal DIS1V1SSED.'

Altiti'tug Stiglich

'The motion to waive the filing fee is denied as moot. The filing fee has been waived.

SUPREME COURT

/2- o3r/7 OF NEVADA

(0) 19 7A- e cc: Hon. David NI. Jones, District Judge

Michael McNeil Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT

OF NEVADA

OM 1947A