Oates (Thomas) v. Warden

Nevada Supreme Court

Oates (Thomas) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THOMAS EARL OATES, No. 74446 Appellant, vs. TIMOTHY FILSON, WARDEN; JAMES „z. : D DZURENDA. DIRECTOR; THE STATE F 11 L OF NEVADA DEPARTMENT OF B 0 1 H118 CORRECTIONS; ANT) THE STATE OF NEVADA, !'rliatn•• •LI: !OWN COURT, Respondents.

ORDER DISMISSING APPEAL

This is a pro se appeal "from the decision of this court issued on 23rd day of October, 2017.” Seventh Judicial District Court, White Pine County; Gary biairman, judge. Our review of this appeal reveals a jurisdictional defect. Specifically, no decision was entered on October 23,. 2017. To the extent appellant's appeal is in regard to his postconviction petition for a writ of habeas corpus, no decision had been made on the petition when appellant filed his appeal on November 7, 2017. To the extent that appellant appeals from the order treating his petition for writ of mandamus as a petition for writ of habeas corpus and the order for points and authorities, no statute or court rule permits an appeal from such orders. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we ORDER this appeal DISMISSED.

Pickering

SUPREME COURT /- frestAttv OF Gibbons Hardesty NEVADA

(01 1947A 4- 04S 112, - :P;Mtl cc: Hon. Gary Fairman, District judge Thomas Earl Oates Attorney General/Carson City White Pine County Clerk

SUPREME COURT OF NEVADA

A 1)47A 2

Reference

Status
Unpublished