CEDRIC GREENE v. HOUSING AUTHORITY OF THE CITY OF LOS ANGELES (2023)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court minute order issued on July 21, 2023. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The district court's minute order is not appealable. See Div. of Child & Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 454, 92 P.3d 1239, 1245 (2004) (“[D]ispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective”).

To the extent appellant appeals from the underlying May 12, 2023, district court order dismissing his complaint, the notice of appeal was prematurely filed in the district court after the filing of a timely tolling motion on May 31. 2023, but before that motion was formally resolved in a written order entered by the district court. See NRAP 4(a)(4) (regarding tolling motions); AA Primo Builders LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a post-judgment motion carries tolling effect). To date, it does not appear that the district court has entered any order resolving the tolling motion. This court lacks jurisdiction to consider a premature notice of appeal. NRAP 4(a)(6) (“A premature notice of appeal does not divest the district court of jurisdiction.”). Accordingly, this court lacks jurisdiction and

ORDERS this appeal DISMISSED.¹

Cadish, J.

Pickering, J.

Bell, J.

FOOTNOTES

1.   Appellant may file a new notice of appeal from the May 12, 2023, order once the district court enters a written order resolving the May 31, 2023, tolling motion.Given this dismissal, this court takes no action on appellant's requests for transcripts filed on August 29, 2023, and September 5, 2023.