Henderson (Joseph) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOSEPH ALEXANDER HENDERSON, No. 84046 Appellant, vs.

WILLIAM A. GITTERE, WARDEN,

Respondent.

JAN 8 2022 A. BROWN PREPAE COURT

ORDER DISMISSING APPEAL CLERK

This is a pro se appeal from a purported district court order dismissing a request for evidentiary hearing. Eighth Judicial District Court, Clark County; Carli Lynn Kierny, Judge.

Because no statute or court rule provides for an appeal from an order dismissing a request for evidentiary hearing. this court lacks jurisdiction to consider this appeal. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (explaining that court has jurisdiction only when statute or court rule provides for appeal). To the extent that appellanes appeal is in regard to the postconviction petition for a writ of habeas corpus filed in district court August 25, 2021, no decision has been made on that petition. See NRS 177.015(3) (stating that appellant may appeal from a final judgment or verdict). Accordingly, this court ORDERS this appeal DISMISSED.

J.

J. SUPREME COURT

OF

NEVADA (0) I947A .43go cz -02.s?' 3 cc: Hon. Carli Lynn Kierny, District Judge Joseph Alexander Henderson

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

01 1947A ate414