Heusner (Allen) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA ALLEN STANISLOUIS HEUSNER, No. 78806

Appellant, vs.

JERRY HOWELL, WARDEN; AND ATTORNEY GENERAL FOR THE FILE STATE OF NEVADA,

Respondents. JUN 1 8 2019

ELVABETH A. BROWN CLERK OF SUPREM COURT

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 and denying a petition for a writ of mandamus.1 Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

This court's review of this appeal reveals a jurisdictional defect. No decision had been made on the postconviction petition for a writ of habeas corpus when appellant filed his appeal on May 10, 2019. Further, no petition for a writ of mandamus was filed in district court case number

1Appellant has already appealed from the order denying a postconviction petition for a writ of habeas corpus and denying a petition for a writ of mandamus entered on April 9, 2019, in district court case number 07C235876. See Heusner v. State, Docket No. 78800.

SUPREME COURT

OF NEVADA

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A-19-794435-W. Thus, this appeal is premature. See NRS 177.015(3). Accordingly, this court

ORDERS this appeal DISMISSED.

Pickering o

J. Par aguirre Cadish cc: Hon. Carolyn Ellsworth, District Judge

Allen Stanislouis Heusner Attorney General/Carson City Eighth District Court Clerk

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OF NEVADA

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