BRYAN PHILLIP BONHAM v. JEREMY BEAN WARDEN (2024)

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court order “dismissing the case.” Eighth Judicial District Court, Clark County; Carli Lynn Kierny, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It does not appear that the district court has entered any written order dismissing or otherwise resolving the district court case. It therefore does not appear that the district court has entered a final judgment appealable under NRAP 3A(b)(1). See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment). Nor does it appear that the district court has entered any written order that is appealable under any other statute or court rule. See Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (this court “may only consider appeals authorized by statute or court rule”).

To the extent appellant appeals from a May 2, 2024, minute order dismissing the case, the district court minute entries do not indicate that the district court has orally dismissed or otherwise resolved the underlying action. We also note that an oral order of dismissal is not substantively appealable. 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.”).

Accordingly, this court lacks jurisdiction and we

ORDER this appeal DISMISSED.¹

Herndon, J.

Lee, J.

Bell, J.

FOOTNOTES

1.   Appellant may file a new notice of appeal once the district court enters a written order finally resolving the underlying action.