Opinion
No. 72715
04-14-2017
MARCELL WILLIAMS, Appellant, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND RENEE BAKER, WARDEN, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from an order denying appellant's motion for summary judgment, denying defendants' cross-motion for summary judgment, denying a motion to file exhibits, granting a motion to strike, and denying leave to amend the complaint. Seventh Judicial District Court, White Pine County; Gary Fairman, 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 prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987). The district court specifically held that appellant has established genuine issues of material fact that must be litigated, and an order denying summary judgment is not a final judgment. D.R. Horton, Inc. v. Dist. Ct., 125 Nev. 449, 454, 215 P.3d 697, 700 (2009) (citing GES, Inc. v. Corbitt, 117 Nev. 265, 268, 21 P.3d 11, 13 (2001)). Accordingly, we conclude that we lack jurisdiction, and we
ORDER this appeal DISMISSED.
/s/_________, J.
Douglas
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Hon. Gary Fairman, District Judge
Marcell Williams
Attorney General/Carson City
White Pine County Clerk