HOUSTON v. DUECKER (2024)

ORDER DISMISSING APPEAL

This appeal was docketed on May 31, 2024. Because the notice of appeal was not accompanied by the required proof of service, see NRAP 3(d)(1) (providing the notice of appeal must be served on all parties to the district court action and must “contain an acknowledgment of service or proof of service that conforms to the requirements of [NRAP] 25(d)”), on May 31, 2024, this court issued a notice directing appellant to provide this court with the required proof of service within 14 days. The notice advised that failure to comply could result in the dismissal of this appeal. See NRAP 3(a)(2) (“An appellant's failure to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is ground only for the court to act as it deems appropriate, including dismissing the appeal”).

Because appellant had not filed proof of service of the notice of appeal or otherwise responded to this court's notice, on June 27, 2024, this court issued an order directing appellant to file proof of service of the notice of appeal within 14 days. Appellant was cautioned that failure to comply would result in the dismissal of this appeal.

On July 17, 2024, appellant filed a “Proof of Service of Notice of Appeal, Suppliment (sic) to Appellants’ (sic) Opening Brief, Proof of Service of Joinder of Appeal and Statement of Facts.” The certificates of service in this document state that appellant served an “Emergency Motion for Transportation of Inmate for Court Appearance․” and do not demonstrate that the notice of appeal was served on respondents. Because appellant has failed to provide proof of service of the notice of appeal on respondents, this appeal is dismissed.

It is so ORDERED.