Abdullah (Warith) Vs. State ( 2021 )


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  •                           IN THE SUPREME COURT OF THE STATE OF NEVADA
    WARITH DEEN ABDULLAH,                                     No. 83268
    Appellant,
    vs.
    THE STATE OF NEVADA,
    Respondent.
    FILED
    AUG 1 6 2021
    ELIZABETH A. BROWN
    CLERK OF        E COURT
    By    5•
    DE   f CLERI
    ORDER DISMISSING APPEAL
    This is a pro se appeal from a purported district court order
    denying and/or dismissing a postconviction petition for a writ of habeas
    Corpus.
    Appellant filed the notices of appeal on July 21, 2021. In his
    notices of appeal, appellant states that he is appealing from a decision
    entered on June 8, 2021. However, the documents before this court do not
    indicate that a postconviction petition for a writ of habeas corpus was
    recently filed or denied in district court case numbers A-20-815563-W and
    03C191016, the case numbers designated in this appeal. To the extent that
    appellant's appeal is in regard to the findings of fact, conclusions of law and
    order entered on August 25, 2020, the notice of appeal was untimely filed.
    See NRAP 4(b); Lozada v. State, 
    110 Nev. 349
    , 352, 
    871 P.2d 944
    , 946 (1994)
    (explaining that an untimely notice of appeal fails to vest jurisdiction in this
    court). In addition, that order was already appealed, and the Court of
    SUPREME COURT
    OF
    NEVADA
    I947A
    02/-A3723
    Appeals affirmed the decision in Docket No. 81774-COA. A second duplicate
    appeal may not proceed. Accordingly, this court
    ORDERS this appeal DISMISSED.
    J.
    Cadish
    p
    Pickering                                Herndon
    cc:   Chief Judge, Eighth Judicial District Court
    Eighth Judicial District Court, Department 1
    Warith Deen Abdullah
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    2
    

Document Info

Docket Number: 83268

Filed Date: 8/16/2021

Precedential Status: Precedential

Modified Date: 12/6/2021