Barrera v. State

• Court: Nevada Supreme Court
• Decided: November 4, 2016
• Docket: 71545
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

HIGINIO BARRERA, No. 71545 Appellant, vs. THE STATE OF NEVADA; BRIAN E. WILLIAMS; RASHONDA SMITH; AND FILE SHERYL FOSTER, NOV 0 4 2016 Respondents.

ORDER DISMISSING APPEAL This is a pro se appeal from orders dismissing appellant's complaint for failure to state a claim. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals jurisdictional defects. It appears from the documents submitted to this court pursuant to NRAP 3(g) that additional claims remain pending between the parties, such that no final judgment has been entered in the underlying case. Specifically, appellant's claims against Sheryl Foster appear to remain pending below and the order appealed from has not been certified as final pursuant to NRCP 54(b). 1 Lee v. GNLV Corp., 116 Nev. 424, 996 P.2d 416 (2000); KDI Sylvan Pools v. Workman, 107 Nev. 340, 810 P.2d 1217 (1991);

'Further, it appears that appellant is attempting to appeal from a minute order entered by the district court on October 5, 2016. We remind appellant that a district court's minute order is ineffective for any purpose and cannot be appealed. Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686, 747 P.2d 1380 (1987). A written order or judgment must be filed before a district court ruling can be appealed. Id.

SUPREME COURT OF NEVADA

(0) 1947A 41 (1D40

." Rae v. All American Life & Gas. Co., 95 Nev. 920, 605 P.2d 196 (1979). Accordingly, we conclude that we lack jurisdiction over this appeal and we ORDER this appeal DISMISSED.

Phrraguirre

' j' Hardesty Pickering

cc: Hon. Nancy L. Allf, District Judge Higinio Causse Barrera Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947.4 se>

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