Nevada Supreme Court, 2020

Edwards Vs. S. Desert Corr. Center

Edwards Vs. S. Desert Corr. Center
Nevada Supreme Court · Decided April 24, 2020

Edwards Vs. S. Desert Corr. Center

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

HAROLD EDWARDS, No. 80995 Appellant, vs. SOUTHERN DESERT CORRECTIONAL CENTER; OFFICER J. BILLEY; AND FILED JO GENTRY, WARDEN, Res • ondents. APR 2 4 ACC A. eouRT DEPUTY CLERK

ORDER DISMISSING APPEAL This is a pro se appeal. Eighth Judicial District Court, Clark County; Trevor L. Atkin, Judge.

Review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, both appellant and the district court's case appeal statement indicate the appeal is from an order of dismissal, but no such order appears •in the district court docket entries. Appellant filed his complaint on October 1, 2019. The district court appears to have taken no action since then, aside from an order to show cause. A minute order of dismissal, and a subsequent order to statistically close the case. None of these orders is either written and entered or substantively appealable. See NRAP 4(a)(1); 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); Brown v. MHC Stagecoach, LLC, 129 Nev. 343, 301 P.3d 850 (2013) (an order statistically

zo-aist. closing a case is not appealable). Accordingly, this court lacks jurisdiction and ORDERS this appeal DISMISSED.'

J.

A•1,41.1a J.

Stiglich

, J.

Silver

cc: Hon. Trevor L. Atkin, District Judge Harold Edwards Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

'This court is confident that the district court will enter a written order as soon as its calendar permits.

SUPREME COURT OF NEVADA

(0) 1947A c(app,

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