Opinion
No. 68101
09-10-2015
LARRY EDWARD ADAMS, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is an appeal from a district court order striking appellant's third supplement to post-conviction petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge.
Respondent has filed a motion to dismiss this appeal based on lack of jurisdiction. Appellant opposes the motion and respondent has filed a reply. The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). No statute or court rule provides for an appeal from a district court order striking appellant's third supplement to petition for writ of habeas corpus. Accordingly, we grant respondent's motion, and we
In his opposition, appellant asserts that he should be allowed to avail himself of the procedure outlined in Foster v. Dingwall, 126 Nev. 49, 228 P.3d 453 (2010), and that the order from which appellant appeals is "more properly characterized as a final order denying relief under Foster . . ." Here, appellant has demonstrated no basis for a remand pursuant to Foster. See id. at 52-53, 228 P.3d at 455-56 (detailing the circumstances under which such a remand may be sought and the procedure to be followed). --------
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Kerry Louise Earley, District Judge
Federal Public Defender/Las Vegas
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk