Thomas v. State, Department of Corrections, 052020 NVSC, 80999

• Opinion Judge: GIBBONS, C.J.
• Party Name: CASSANDRA ANN THOMAS, Appellant, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Respondent.
• Judge Panel: Stiglich, J., Silver, J. Hon. Joseph Hardy, Jr., District Judge
• Case Date: May 20, 2020
• Court: Nevada Supreme Court

CASSANDRA ANN THOMAS, Appellant,

v.

THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Respondent.

No. 80999

Supreme Court of Nevada

May 20, 2020

UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

GIBBONS, C.J.

This is an appeal from a purported order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge.

This court previously entered an order directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. It appeared that a postconviction petition for a writ of habeas corpus had not been filed in district court case number 06 C225497-3, the designated district court case number in this appeal. Thus, this appeal appeared premature. To the extent appellant appealed from the order entered on April 2, 2020, in district court case number A-19-787358-W, that order is already on appeal in Docket No. 80996. A duplicate appeal may not be pursued.

In response, counsel for appellant states that he was retained to handle the appeal related to district court case A-19-787358-W. He inadvertently filed a second notice of appeal after appellant filed the first notice of appeal in pro se. Counsel moves to voluntarily dismiss this appeal so that appellant may proceed in Docket No. 80996. Under these circumstances, although the motion to voluntarily dismiss does not comport with NRAP Form 8, the motion is granted and this appeal is dismissed.

It is so ORDERED.

Stiglich, J., Silver, J.

Hon. Joseph Hardy, Jr., District Judge