Turner v. State, Dep't of Corr.

IN THE SUPREME COURT OF THE STATE OF NEVADA JOHN ELVIN TURNER, No. 77489

Appellant, vs.

THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS,

FILE Resoondent. DEC 1 2 2018

(. BROWN

CC!.) COI

BY fiErtliY CLERK

ORDER DISMISSING APPEAL

This is an appeal from a district court order granting a motion to dismiss a complaint. Eighth Judicial District Court, Clark County; Adriana Escobar, Judge.

Our review of the notice of appeal and other documents before this court reveals a jurisdictional defect. It appears that the notice of appeal was filed in the district court after the filing of a timely tolling motion for reconsideration, 1 see NRAP 4(a)(4); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (holding that a post-judgment motion for reconsideration that is timely filed, in writing, specifically states its grounds, and asks for a substantive change to the judgment may be afforded NRCP 59(e) status and tolling effect under NRAP 4(a)(4)(C)), but before entry of a written order resolving that motion, rendering the notice of appeal premature. See NRAP 4(a)(6). It further appears that no formal, lAppellant's motion is titled "Objection to Findings of Fact, Conclusions of Law & Order of Dismissal Filed 10-8-2018 & Notice of Appeal."

SUPREME COURT

OF NEVADA

8 - Iv r/ q 19 (0) 1947A e SWIM WI la litfi 31113111 written order resolving the tolling motion has been entered. Accordingly, it appears that we lack jurisdiction and we

ORDER this appeal DISMISSED. 2

Cherry Pstaitajtni

#4,s1".z„di Parraguirre Stiglich cc: Hon. Adriana Escobar, District Judge

John Elvin Turner Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk 2 Appellant may file a new notice of appeal once the district court enters a written order resolving the motion.

SUPREME COURT

OF NEVADA

(0) I947A