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
2