Kamedula v. Hultenschmidt

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRIAN KAMEDULA, No. 76003 Appellant, vs.

DESIREE HULTENSCHMIDT;

KENNETH D. TABER; DONALD POAG;

KATHERINE HEGGE; DWAYNE DEAL;

FILED WILLIAM SANDIE; ROBERT JUN 1 5 2018 LEGRAND, WARDEN; CHARLES

SCHARDIN; ROBERT B. BANNISTER; UrKCIFAJPRECOU ROMERO ARANAS; JAMES G. COX; ay • - - THE STATE OF NEVADA BOARD OF

PRISON COMMISSIONERS; SGT.

STARLIN GENTRY; CONNOR

RUTHERFORD; JONATHAN

SHEPPHIRD; C/O JASON ALLEN; THE

STATE OF NEVADA DEPARTMENT

OF CORRECTIONS; THE STATE OF

NEVADA; AND THE HONORABLE

BRIAN SANDOVAL, GOVERNOR,

Respondents.

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting in part and denying in part a motion to amend appellant's complaint.

Eleventh Judicial District Court, Pershing County; Jim C. Shirley. Judge. Our review of the notice of appeal and documents transmitted with that notice reveals a jurisdictional defect. The challenged order is not appealable under NRAP 3A(b)(1) because appellant's claims remain pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment as one that disposes of all issues presented and leaves nothing for the court's future consideration except for post-judgment issues such as attorney fees and costs). As no other SUPREME COURT

OF

NEVADA

(0) 19474 i fe zt io l statute or court rule appears to authorize an appeal from the challenged order, see Brown v. MHO Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (explaining that this court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule), we conclude that we lack jurisdiction and we

ORDER this appeal DISMISSED.

Ova J. Cherry

Parraguirre

A•cultal.A , J. Stiglich cc: Hon. Jim C. Shirley, District Judge

Brian Kamedula

Attorney General/Carson City

Pershing County Clerk

SUPREME COURT

OF

NEVADA (0) (947A