McKnight (Adrian) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

ADRIAN MCKNIGHT, No. 76813 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED OCT 1 9 2018 ElIZAI3E1H A. BROWN CLERK F SUPREME COURT BY DEPUTY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, 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 August 24, 2018. 1 Thus, the notice of appeal is premature.

See NRS 177.015(3). To the extent that appellant appeals from the order denying a motion to expedite decision, no statute or court rule provides for

'The documents before this court indicate that the district court took the matter under advisement at the conclusion of a hearing on November 3, 2017. As this matter has been pending for almost a year, we are confident that the district court will reach a resolution as expeditiously as its docket permits.

SUPREME COURT OF NEVADA

(0j 1947A ig -41229 HAIl an appeal from such an order. Castillo u. State, 106 Nev. 349, 792 P.2d 1133 (1990). Accordingly. we ORDER this appeal DISMISSED.

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—Slasiaaraa rmar Parraguirre Stiglich cc: Hon. Kathleen E. Delaney, District Judge Adrian McKnight Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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