Opinion
No. 68355
07-27-2015
FELTON L. MATTHEWS, JR., Appellant, v. LAS VEGAS JUSTICE COURT CLERK DEPT. 7; MR. T. PHARRIS; SGT. KIM; SGT. SHIELDS; WARDEN D. NEVEN; JAMES G. COX; AND THE STATE OF NEVADA, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying appellant's motion to amend his complaint to add new parties. Eighth Judicial District Court, Clark County; Susan Johnson, Judge. Appellant is proceeding in pro se pursuant to this court's pilot program for civil litigants proceeding without counsel.
Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals two jurisdictional defects. First, to date no written order appears to have been entered. Thus, this appeal is premature and we lack jurisdiction over the appeal at this time. See NRAP 4(a)(6) (providing that "[a] premature notice of appeal does not divest the district court of jurisdiction" and that this court "may dismiss as premature a notice of appeal filed after the oral pronouncement of a decision or order but before entry of the written judgment or order"); Rust v. Clark Cnty. Sch. Dist., 103 Nev. 686,688-89, 747 P.2d 1380, 1381-82 (1987) (explaining that a minute order is ineffective for any purpose and cannot be appealed).
Second, even if the court were to enter a written order, this court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule. Taylor Constr. Co. v. Hilton Hotels, 100 Nev. 207, 209, 678 P.2d 1152, 1153 (1984). No statute or court rule authorizes an appeal from an order denying leave to amend a complaint; thus, the challenged order is not substantively appealable on this basis. See NRAP 3A(b) (listing orders and judgments from which an appeal may be taken). Accordingly, we
We deny as moot appellant's "Emergency Letter in Lieu of NRAP 65 'Permission to file Motion for Summary Judgment in Support of Substantive Relief and Motion for Summary Judgment in Support of Substantive Relief." --------
/s/_________, C.J.
Hardesty
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Susan Johnson, District Judge
Felton L. Matthews, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk