MATTHEWS v. CALIFORNIA STATE UNIVERSITY (2020)

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order dismissing a complaint. First Judicial District Court, Carson City; James E. Wilson, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. It appears that appellant filed a timely tolling motion on August 2, 2019. See NRAP 4(a)(4); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (explaining when a post-judgment motion for reconsideration carries tolling effect). Appellant prematurely filed the notice of appeal after the filing of the tolling motion and before that motion was formally resolved. See NRAP 4(a)(6). To date, it appears the motion remains pending in the district court. Accordingly, this court lacks jurisdiction, see id. (“A premature notice of appeal does not divest the district court of jurisdiction.”), and

ORDERS this appeal DISMISSED.¹

FOOTNOTES

1.   Appellant may file a new notice of appeal once the district court enters a written order resolving the August 2, 2019, motion.The requests for relief made in appellant’s pro se filings are denied.