Fair (Gary) Vs. Warden

• Court: Nevada Supreme Court
• Decided: January 6, 2020
• Docket: 79966
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

GARY DERRICK FMR, A/K/A DERRICK No. 79966 GARY FAIR, Appellant, vs. FILED BRIAN WILLIAMS, WARDEN, Respondent. JAN 0 6 620

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; Valerie Adair, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, no decision had been made on the "First Amended Petition for Writ of Habeas Corpus (Post Conviction) Stay Requested" when appellant filed the notice of appeal on October 17, 2019. To the extent that appellant's appeal is in regard to the "Decision and Ordee entered on May 2, 2018, the notice of appeal was untimely filed, see Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994), and appellant has already appealed the decision in Docket No. 75487. A second duplicate appeal may not be pursued. Accordingly, this court ORDERS this appeal DISMISSED.

P NAACialwitygmmTe!* Parraguirre

, J. Hardesty

00b14 cc: Hon. Valerie Adair, District Judge Gary Derrick Fair Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk