Nolan Vs. Miley

Nevada Supreme Court

Nolan Vs. Miley

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RICKY NOLAN, No. 83820 Appellant, vs. STEFANY ANN MILEY; AND KATLYN M. BRADY, Res • ondents. FILED DEC 1 3 2021 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY DEPUlf=Kf1/41 r

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting a motion to dismiss. Eighth Judicial District Court, Clark County; Jessica K. Peterson, 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 filed more than 30 days after service of written notice of entry of the judgment or order. See NRAP 4(a)(4); NRAP 26(c). An untimely notice

iThe challenged order was filed in district court on June 15, 2021. Written notice of entry of the challenged order was served on appellant, via email, on June 16, 2021. It appears appellant filed a motion for reconsideration on July 1, 2021. The district court issued an order denying the motion for reconsideration on August 11, 2021, and written notice of entry of the district court's order appears to have been served on appellant on August 19, 2021. While appellant's official notice of appeal was not filed in district court until November 17, 2021, it appears that he attempted to SUPREME COURT OF continued on next page... NEVADA

(0) 1947A 41401:. S 3-7 of appeal fails to vest jurisdiction in this court. See Healy v. Volkswctgenwerk Aktiengesellschaft, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

J. Cadish

Pitith ti'y J. Pickering

J Herndon

cc: Hon. Jessica K. Peterson, District Judge Ricky Nolan Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

file a notice of appeal initially on October 4, 2021, which was rejected, as appellant's in forma pauperis status expired on August 27, 2021. However, this initial notice of appeal was still outside the 30-day appeal period. See NRAP 4(a)(4), NRAP 26(c). SUPREME Coma' OF NEVADA

(44P44, (0) I947A 2

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA RICKY NOLAN, No. 83820 Appellant, vs. STEFANY ANN MILEY; AND KATLYN M. BRADY, Res • ondents. FILED DEC 1 3 2021 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY DEPUlf=Kf1/41 r ORDER DISMISSING APPEAL This is a pro se appeal from a district court order granting a motion to dismiss. Eighth Judicial District Court, Clark County; Jessica K. Peterson, 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 filed more than 30 days after service of written notice of entry of the judgment or order. See NRAP 4(a)(4); NRAP 26(c). An untimely notice iThe challenged order was filed in district court on June 15, 2021. Written notice of entry of the challenged order was served on appellant, via email, on June 16, 2021. It appears appellant filed a motion for reconsideration on July 1, 2021. The district court issued an order denying the motion for reconsideration on August 11, 2021, and written notice of entry of the district court's order appears to have been served on appellant on August 19, 2021. While appellant's official notice of appeal was not filed in district court until November 17, 2021, it appears that he attempted to SUPREME COURT OF continued on next page... NEVADA (0) 1947A 41401:. S 3-7 of appeal fails to vest jurisdiction in this court. See Healy v. Volkswctgenwerk Aktiengesellschaft, 103 Nev. 329, 331, 741 P.2d 432, 433 (1987). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED. J. Cadish Pitith ti'y J. Pickering J Herndon cc: Hon. Jessica K. Peterson, District Judge Ricky Nolan Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk file a notice of appeal initially on October 4, 2021, which was rejected, as appellant's in forma pauperis status expired on August 27, 2021. However, this initial notice of appeal was still outside the 30-day appeal period. See NRAP 4(a)(4), NRAP 26(c). SUPREME Coma' OF NEVADA (44P44, (0) I947A 2

Reference

Status
Published