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Anthony Kenneth ANDERSON, Appellant, v. The State of Nevada DEPARTMENT OF CORRECTIONS; Director of Nevada Prison James Dzurenda; Warden Jerry Howell; CCS I; CCS II; CCS III in entirety; Attorney General; Southern Desert C.T.N.; Southern Desert Entire Executive Staff; and Southern Desert CTN Medical Staff, Respondents.
ORDER DISMISSING APPEAL
A review of the district court docket and minute entries does not indicate that a petition in civil rights violations was filed in the underlying case. The district court did grant a motion to dismiss appellant's amended complaint at a hearing held on January 21, 2021. However, it appears that the district court has not entered a final written order dismissing appellant's complaint, and thus, no final judgment has been entered. To the extent that appellant's appeal is from the district court's order granting a motion to dismiss, the appeal is premature. 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). Accordingly, we conclude that we lack jurisdiction to consider this appeal,1 and we
ORDER this appeal DISMISSED.
FOOTNOTES
1. Appellant's “motion of no hearing requested” is denied as moot.
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Docket No: No. 82430
Decided: February 18, 2021
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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