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Harold EDWARDS, Appellant, v. SOUTHERN DESERT CORRECTIONAL CENTER; Officer J. Billey; and Jo Gentry, Warden, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal. Eighth Judicial District Court, Clark County; Trevor L. Atkin, Judge.
Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, both appellant and the district court’s case appeal statement indicate the appeal is from an order of dismissal, but no such order appears in the district court docket entries. Appellant filed his complaint on October 1, 2019. The district court appears to have taken no action since then, aside from an order to show cause. A minute order of dismissal, and a subsequent order to statistically close the case. None of these orders is either written and entered or substantively appealable. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987) (explaining that the district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order cannot be appealed); Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 301 P.3d 850 (2013) (an order statistically closing a case is not appealable). Accordingly, this court lacks jurisdiction and
ORDERS this appeal DISMISSED.1
FOOTNOTES
1. This court is confident that the district court will enter a written order as soon as its calendar permits.
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Docket No: No. 80995
Decided: April 24, 2020
Court: Supreme Court of Nevada.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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