Kille Vs. Calderin

475 P.3d 774

• Court: Nevada Supreme Court
• Decided: November 20, 2020
• Docket: 81986
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID AUGUST KILLE, SR., No. 81986 Appellant, vs. JULIO CALDERIN; DWIGHT NEVEN; FILE HIGH DESERT STATE PRISON; GREG NOV 2 0 2020 COX; NEVADA DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, Res ondents.

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported dismissal of a civil rights complaint. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge. Appellant previously appealed from a district court order granting summary judgment in the underlying 42 U.S.C. § 1983 religious freedom action. That appeal was docketed in this court as Docket No. 72358. On May 10, 2019, this court entered an order affirming in part, reversing in part, and remanding. No order dismissing a complaint appears on the district court docket sheet and no appealable orders appear to have been entered in the district court since entry of a summary judgment order. To the extent appellant appeals from the district court's September 23, 2020, oral decision to grant summary judgment in favor of defendants, an oral order of the district court is not appealable. Div. of Child and Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 454, 92 P.3d 1239, 1245 (2004) (holding "that dispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying SUPREM COURT OF NEVADA

40> 1)47A 40. 2-o 2,9 controversy, must be written, signed, and filed before they become effective). Accordingly, this court ORDERS this appeal DISMISSED.

ch-JaCY7lar. Parraguirre

Hardesty 441-1,‘ 1 , J. Cadish 6*, , J.

cc: Hon. Mary Kay Holthus, District Judge David August Kille, Sr. Attorney General/Carson City Eighth District Court Clerk

SUPREME COURT Of NEVADA

(0) 194 7A .1601, 2