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Toney Anthony WHITE, III, Appellant, v. Ronald OLIVER, Julie Williams and Jeremy Bean, Associate Wardens at High Desert State Prison; Brian Williams, Sr., Warden at HDSP; Joseph Lombardo, Governor of the State of Nevada; The State of Nevada; Cisco Aguilar, Secretary of the State of Nevada; Aaron D. Ford, Attorney General of the State of Nevada; James Dzurenda, Director of the Nevada Department of Corrections; NDOC; David Rivas, NDOC Interim Medical Director; Benito Gutierrez and Sandra Gobler, Director of Nursing at HDSP; FNU Day; Jay Barth and Manuel Portillo, Lieutenants at HDSP; FNU Lopez, Caseworker at HDSP; Gustavo Sanchez and Robert Ashcraft, Sergeants at HDSP; Joe McClendon; Robert Liang: J. Pena; FNU Perez; FNU Kelly; FNU Bancalari; J. Garcia; J. Pope; and Nevada Board of State Prison Commissioners, Respondents.
ORDER DISMISSING APPEAL
Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The challenged order dismisses several causes of action but directs certain defendants to answer the complaint as to the remaining claims. To date, it appears those claims remain pending in the district court. Therefore, the order is not appealable as a final judgment under NRAP 3A(b)(1). See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (“[A] final judgment is one that disposes of all the issues presented in the case, and leaves nothing for the future consideration of the court, except for post-judgment issues such as attorney's fees and costs.”). And no other statute or court rule permits an appeal from the challenged order. 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”). Accordingly, this court lacks jurisdiction and
ORDERS this appeal DISMISSED.
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Docket No: No. 89136
Decided: August 23, 2024
Court: Supreme Court of Nevada.
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