Williams v. State, Dep't of Corr.

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARCELL WILLIAMS, No. 72715 Appellant, vs.

THE STATE OF NEVADA

DEPARTMENT OF CORRECTIONS;

AND RENEE BAKER, WARDEN, MED Respondents.

B 5thPU

ORDER DISMISSING APPEAL

This is a pro se appeal from an order denying appellant's motion for summary judgment, denying defendants' cross-motion for summary judgment, denying a motion to file exhibits, granting a motion to strike, and denying leave to amend the complaint. Seventh Judicial District Court, White Pine County; Gary Fairman, Judge.

Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a 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). The district court specifically held that appellant has established genuine issues of material fact that must be litigated, and an order denying summary judgment is not a final judgment. D.R. Horton, Inc. v. Dist. Ct., 125 Nev. 449, 454, 215 P.3d 697,

SUPREME COURT

OF

NEVADA

(0) 1947A 700 (2009) (citing GES, Inc. v. Corbitt, 117 Nev. 265, 268, 21 P.3d 11, 13 (2001)). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

Douglas

J.

cc: Hon. Gary Fairman, District Judge

Marcell Williams

Attorney General/Carson City

White Pine County Clerk

SUPREME COURT

OF

NEVADA

(0) 1€1174 cierp.