Chaney (Damon) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAMON SAMERI CHANEY, No. 85364 Appellant,

vs. FILE WARDEN WILLIAM GITTERE,

Respondent. OCT 0 6 2022 ELIZABETH A. BROWN CLERK OFMPREME COURT BY S. Y

ORDER DISMISSING APPEAL DEPUTY CLERK

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; Erika D. Ballou, Judge.

This court's review of this appeal reveals a jurisdictional defect.

ant

No decision, oral or written, had been made on the petition when appell filed his appeal on September 14, 2022. Rather, on September 14, 2022, the district court entered an order transferring the matter to the Seventh Judicial District Court. Thus, this appeal is premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). Accordingly, this court ORDERS this appeal DISMISSED.'

J.

Cadish

Sr.J.

Pickering

"The Honorable Mark Gibbons, Senior Justice, participated in this matter under a general order of assignment.

SUPREME COURT OF NEVADA

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dA -3632-

cc: Hon. Erika D. Ballou, District Judge Damon Sameri Chaney Attorney General/Carson City Eighth District Court Clerk

SUPREME COURT OF NEVADA

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