Opinion
No. 56609.
07-14-2011
Vornelius Jamal PHILLIPS, Appellant, v. The STATE of Nevada, Respondent.
Christopher R. Oram Attorney General/Carson City Clark County District Attorney
Christopher R. Oram
Attorney General/Carson City
Clark County District Attorney
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying a motion to amend a judgment of conviction. Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge. The State has filed a motion to dismiss this appeal for lack of jurisdiction. The motion is unopposed.
“[T]he burden rests squarely upon the shoulders of a party seeking to invoke our jurisdiction to establish, to our satisfaction, that this court does in fact have jurisdiction.” Moran v. Bonneville Square Assocs., 117 Nev. 525, 527, 25 P.3d 898, 899 (2001). The docketing statement, which has been developed over the years “to aid us in making a preliminary assessment as to whether jurisdiction over a given appeal exists,” id., identifies NRAP 4(b) as the rule that grants this court jurisdiction to review the substantive order challenged in this appeal. Although NRAP 4(b) addresses the time for filing an appeal and other related issues, it does not grant this court jurisdiction to review any specific orders or judgments. The jurisdictional statement in appellant's opening brief does not specify a statute or court rule that authorizes an appeal from an order denying a motion to amend a judgment of conviction. See NRAP 28(a)(3). And, as noted, appellant has not responded to the motion to dismiss. Under the circumstances, we conclude that appellant has not established that this court has jurisdiction over this appeal. We therefore grant the motion and
ORDER this appeal DISMISSED.