Anderson v. State, Dep't of Corr.

IN THE SUPREME COURT OF THE STATE OF NEVADA ANTHONY K. ANDERSON, No. 75193

Appellant, vs.

THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; FILED JAMES G. COX, DIRECTOR; BRIAN WILLIAMS, SR., WARDEN; ASST. MAR 0 ti 2018 WARDEN ADAYS; R. BANNISTER, DIRECTOR; AND D. W. NEVEN,

DEPUTY CLERK WARDEN,

Respondents.

ORDER DISMISSING APPEAL

This is a pro se appeal from an order dismissing appellant's complaint with leave to amend. Eighth Judicial District Court, Clark County; Mark B. Bath's, Judge.

Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals jurisdictional defects. 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). The district court minutes indicate that the court orally dismissed appellant's complaint on January 17, 2018; however, no written order has been entered. See 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).

Moreover, the district court expressly granted appellant leave to amend the complaint. An order dismissing an action without prejudice is not a final appealable judgment. See Bergenfield v. BAG Borne Loans

SUPREME COURT

OF NEVADA

KO) 1947AFaID,

' gee? r ° Servicing, 131 Nev. Adv. Op. 68, 354 P.3d 1282 (2015). Accordingly, appellant still has an opportunity to make a showing of a viable claim for relief. We conclude that we lack jurisdiction over this appeal and we

ORDER this appeal DISMISSED.

, J.

Cherry l‘fr j1Farteen

Parraguirre Aletstal Stiglich cc: Hon. Mark B. Bailus, District Judge

Anthony K. Anderson Attorney General/Carson City Eighth District Court Clerk

SUPREME COURT

OF NEVADA

(0) 1947A