Anderson Vs. State, Dep'T Of Corr.

• Court: Nevada Supreme Court
• Decided: February 18, 2021
• Docket: 82430
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANTHONY KENNETH ANDERSON, No. 82430 Appellant, vs. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; DIRECTOR OF NEVADA PRISON JAMES DZURENDA; WARDEN JERRY FILED HOWELL; CCS I; CCS II; CCS III IN ENTIRETY; ATTORNEY GENERAL; FEB 1 8 2021 SOUTHERN DESERT C.T.N.; ELIZABETH A. BROWN CLEM grem cow SOUTHERN DESERT ENTIRE EXECUTIVE STAFF; AND SOUTHERN oeivirtn DESERT CTN MEDICAL STAFF, Respondents.

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court order denying a "petition in civil rights violations of NRS 658 title I, II, and III". Eighth Judicial District Court, Clark County; Adriana Escobar, Judge. 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, and we ORDER this appeal DISMISSED.

J. Cadish

Piekuti J. Pickering

J. Herndon

cc: Hon. Adriana Escobar, District Judge Anthony Kenneth Anderson Attorney General/Carson City Eighth District Court Clerk

'Appellant's "motion of no hearing requested" is denied as moot. SUPREME COURT OF NEVADA

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