Cardenas (Kenneth) v. State ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
KENNETH WILLIAM CARDENAS, No. 69888
Appellant,
vs.
THE STATE OF NEVADA,
Respondent.
FILED
MAY 1 1 2016
TRACE K. LINDEMAN
CLERK OF SUPREME COURT
DEPUTY CLERK
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying a pretrial
petition for a writ of habeas corpus. Fifth Judicial District Court, Nye
County; Kimberly A. Wanker, Judge.
Our initial review of this appeal revealed a jurisdictional
defect. 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 denying a pretrial
petition for a writ of habeas corpus. Accordingly, on March 21, 2016, we
directed appellant's counsel to show cause why this appeal should -not be
dismissed for lack of jurisdiction.
To date, appellant's counsel has not responded to the show-
cause order. Nevertheless, having reviewed the documents filed with the
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notice of appeal, we conclude that we lack jurisdiction to consider this
appeal, and we
ORDER this appeal DISMISSED.
Douglas
J.
9S-7 J.
Cherry Ch Gibbons
cc: Hon. Kimberly A. Wanker, District Judge
The Law Firm of Nathan L. Gent, PLLC
Kenneth William Cardenas
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk
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