Nevada Supreme Court, 2021

Fergason (Bryan) Vs. State

Fergason (Bryan) Vs. State
Nevada Supreme Court · Decided April 30, 2021
485 P.3d 765 (Pacific Reporter, Third Series)

Fergason (Bryan) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRYAN MICHAEL FERGASON, No. 82757 Appellant, vs. THE STATE OF NEVADA; AND FILE CALVIN JOHNSON, WARDEN HDSP, Respondents. APR 3 0 2021 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY DEPUTALER 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; Christy L. Craig, Judge.

On April 7, 2021, appellant filed a notice of appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. However, the district court has not made a decision on appellant's petition at the time of the filing of the notice of appeal. Thus, the notice of appeal is premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). Appellant may file an appeal from a final order of the district court denying the petition. Accordingly, this court ORDERS this appeal DISMISSED.

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44.. cc: Hon. Christy L. Craig, District Judge Bryan Michael Fergason Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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