Motley (Courtney) Vs. Ndoc

IN THE SUPREME COURT OF THE STATE OF NEVADA

COURTNEY MOTLEY, No. 79657 Appellant, vs.

NDOC; AND JAMES DZURENDA, Fi DIRECTOR,

Respondents. r-11 CLEt OF t'.3i.r EV.E ocitmr BY ▪▪ERK OEPUTY OL ORDER DISMISSING APPEAL

This appeal was initiated by the filing of a pro se notice of appeal. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

Based on this court's review of the notice of appeal, it appears that appellant is attempting to appeal from a district court order resolving a postconviction petition for a writ of habeas corpus. However, no decision had been made on the petition when appellant filed the appeal on September 12, 2019. Rather, the district court took the petition off the court's calendar. Because no appeal lies from the district court's decision to take a petition off calendar, this court lacks jurisdiction to consider this appeal. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). Accordingly, this court

ORDERS this appeal DISMISSED.

&g• 47, n J.

Hardesty

, J.

SUPREME COURT Stiglich Silver OF

NEMOA (0} 1947* veND /1-441-05.3 NIIMENE cc: Hon. Michelle Leavitt, District Judge

Courtney Motley

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(0) I 44 7A