Nowak (Brent) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRENT JOHN NOWAK, No. 76252 Appellant, vs.

TIMOTHY FILSON, WARDEN,

FILED Respondent.

JUL 1 7 2018 EUZAB;ErH A. BROWN CLERKF SUPREME COURT ORDER DISMISSING APPEAL sy DEPUTY CLERK

This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, no decision had been made on the petition when appellant filed his appeal on June 25, 2018. Thus, the notice of appeal is premature. See NRS 177.015(3). To the extent that appellant appeals from the "order granting motion for enlargment of time to file return to petition." no statute or court rule permits an appeal from such an order. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we ORDER this appeal DISMISSED.

Pickering

A ' J.

Gibbons Hardesty

SUPREME COURT

OF

NEVADA e (0) 1947A /T- 27.24, I cc: Hon. Steve L. Dobrescu, District Judge Brent John Nowak

Attorney General/Carson City

Attorney General/Ely

White Pine County Clerk

SUPREME COURT

OF

NEVADA (0) I907A rip