Sheriff v. Facio (Mateo) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
SHERIFF JOSEPH LOMBARDO, ON No. 84622
BEHALF OF LAS VEGAS
METROPOLITAN POLICE
DEPARTMENT; AND THE STATE OF FILED
NEVADA,
Appellants, MAY 1 3 2022
vs. ELIZABETH A. BROWN
CLERK9F SUPREME COURT
MATEO JESUS FACIO,
BY n
Res • ondent. DEPUTY CLERK fl
ORDER DISMISSING APPEAL
This is an appeal from an order remanding respondent to the
custody of the Clark County Detention Center. Eighth Judicial District
Court, Clark County; Jacqueline M. Bluth, Judge.
Respondent has moved to dismiss the appeal for lack of
jurisdiction contending that there is no statute or court rule that provides
for an appeal from an order remanding a defendant from the custody of the
Nevada state Department of Corrections to the county detention center.
Appellant Sheriff Joseph Lombardo, on behalf of the Las Vegas
Metropolitan Police Department opposes the motion and argues that
without this appeal, he will have no remedy to object to the transportation
of respondent to his custody. This court has jurisdiction to consider an
appeal only when the appeal is authorized by statute or court rule. Taylor
Constr. Co. v. Hilton Hotels, 100 Nev. 207, 678 P.2d 1152 (1984). No court
rule or statute provides for an appeal from the challenged order.
This court acknowledges that Sheriff Lombardo recently filed a
petition for an extraordinary writ in this court challenging the same order.
In that petition Sheriff Lombardo argued that he had no adequate legal
remedy thereby warranting an extraordinary remedy. This court exercised
1521to
its discretion and declined to entertain the petition for extraordinary writ
relief. Las Vegas Metro. Police Dep't v. Dist. Ct. (State), Docket No. 84459
(Order Denying Petition, April 1, 2022). This does not give the court
jurisdiction over this direct appeal.
Accordingly, we grant the motion and
ORDER this appeal DISMISSED.
Silver
/4.1Z4,0
1 J.
.
, J.
Cadish
, J.
cc: Hon. Jacqueline M. Bluth, District Judge
Chief Judge, The Eighth Judicial District Court
Hon. James M. Bixler, Senior Judge
Attorney General/Carson City
Clark County District Attorney
Marquis Aurbach Coifing
Special Public Defender
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
(C” 1947A 410.
2