IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL KENNETH DUARTE, No. 75858 Appellant, vs. ISIDRO BACA, WARDEN, NNCC; THE FIL STATE OF NEVADA; AND JAMES DZURENDA, DIRECTOR, NDOC, JUN 1 1 2018 Respondents. EttrABEIR CROWN CLERK OF StiPRitILL COURT

DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court decision denying a postconviction petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge. This court's review of this appeal reveals a jurisdictional defect. No decision had been made on the petition when appellant filed his appeal on May 10, 2018. Thus, the notice of appeal is premature. Accordingly, we conclude that we lack jurisdiction over this appeal, and we ORDER this appeal DISMISSED.

Piek. tap J. Pickering

GibborTs Hardesty

cc: Hon. James Todd Russell, District Judge Michael Kenneth Duarte Attorney General/Carson City Carson City Clerk SUPREME COURT OF NEVADA

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