FERRILL JOSEPH VOLPICELLI v. NEVADA DEPARTMENT OF CORRECTIONS (2023)

ORDER DISMISSING APPEAL

This is a pro so appeal from a district court order denying a petition for a writ of mandamus. First Judicial District Court, Carson City; James Todd Russell, Judge.

Review of the notice of appeal and documents before this court reveals a jurisdictional defect. The district court docket sheet indicates that appellant timely filed a motion to alter or amend the challenged order on November 17, 2022. See NRCP 59(e) (a motion to alter or amend must be filed within 28 days of service of notice of entry of judgment). That motion tolled the time to file the notice of appeal. See NRAP 4(a)(4)(C) (a motion to alter or amend a judgment is a tolling motion). Appellant prematurely filed the notice of appeal before that motion was resolved in a written order entered by the district court. See NRAP 4(a)(6) (regarding premature notices of appeal). And it appears that 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

Herndon, J.

Lee, J.

Parraguirre, J.

FOOTNOTES

1.   Appellant may file a new notice of appeal once the district court enters a written order resolving the motion to alter or amend.