McKinley v. McClellan

Nevada Supreme Court

McKinley v. McClellan

DecidedDecember 16, 2016

Docket71866

StatusUnpublished

This text of McKinley v. McClellan (McKinley v. McClellan) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McKinley v. McClellan, (Neb. 2016).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

GARY E. MCKINLEY, No. 71866 Appellant, vs. MEGAN MCCLELLAN; ROBERT LEGRAND, WARDEN; S.L. FOSTER; RICHARD MAIN; LEANNE RUTHERFORD; STARLIN GENTRY; J. HILDERBRAND; QUENTIN BYRNE; S. BARDS; CATHERINE CORTEZ MASTO; AND BENJAMIN JOHNSON, Respondents.

ORDER DISMISSING APPEAL This is a pro se appeal from an order on a complaint for damages. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a potential jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987). An oral pronouncement of judgment is not valid for any purpose, and only a written judgment has any effect and may be appealed. Prior to the entry of a written order, the district court remains free to reconsider and issue a written judgment different from its oral pronouncement. Id. at 688, 747 P.2d 1382; see also Rae v. All

SUPREME COURT OF NEVADA

10) 1947A c446PP American Life & Gas. Co., 95 Nev. 920, 605 P.2d 196 (1979). We conclude that we lack jurisdiction over this appeal, and we ORDER this appeal DISMISSED.

n J. Cherry

Douglas "74 Gibbon's

cc: Hon. Jim C. Shirley, District Judge Gary E. McKinley Attorney GenerallCarson City Pershing County Clerk

(0) 1947A e 2

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IN THE SUPREME COURT OF THE STATE OF NEVADA

GARY E. MCKINLEY, No. 71866 Appellant, vs. MEGAN MCCLELLAN; ROBERT LEGRAND, WARDEN; S.L. FOSTER; RICHARD MAIN; LEANNE RUTHERFORD; STARLIN GENTRY; J. HILDERBRAND; QUENTIN BYRNE; S. BARDS; CATHERINE CORTEZ MASTO; AND BENJAMIN JOHNSON, Respondents.

ORDER DISMISSING APPEAL This is a pro se appeal from an order on a complaint for damages. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge. Our preliminary review of the docketing statement and the documents submitted to this court pursuant to NRAP 3(g) reveals a potential jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987). An oral pronouncement of judgment is not valid for any purpose, and only a written judgment has any effect and may be appealed. Prior to the entry of a written order, the district court remains free to reconsider and issue a written judgment different from its oral pronouncement. Id. at 688, 747 P.2d 1382; see also Rae v. All

SUPREME COURT OF NEVADA

10) 1947A c446PP American Life & Gas. Co., 95 Nev. 920, 605 P.2d 196 (1979). We conclude that we lack jurisdiction over this appeal, and we ORDER this appeal DISMISSED.

n J. Cherry

Douglas "74 Gibbon's

cc: Hon. Jim C. Shirley, District Judge Gary E. McKinley Attorney GenerallCarson City Pershing County Clerk

(0) 1947A e 2

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