Opinion
No. 58953.
09-05-2012
Robert L. BUTTERFIELD, Appellant, v. David ROGER, District Attorney; and the State of Nevada, Respondents.
Robert L. Butterfield Clark County District Attorney/Civil Division
Robert L. Butterfield
Clark County District Attorney/Civil Division
ORDER DISMISSING APPEAL
This is a proper person appeal from a district court order dismissing appellant's civil rights complaint. Eighth Judicial District Court, Clark County; Kenneth C. Cory, Judge.
In the district court, appellant filed a timely motion to reconsider the district court's decision dismissing the complaint. This motion tolled the time to appeal. NRAP 4(a)(4) ; AA Primo Builders v. Washington. 126 Nev. ––––, ––––, 245 P.3d 1190, 1195 (2010) (holding that a motion for reconsideration will be given NRCP 59(e) status, with tolling effect, if it “is in writing, timely filed, states its grounds with particularity, and request[s] a substantive alteration of the judgment, not merely the correction of a clerical error, or relief of a type wholly collateral to the judgment”) (internal quotations omitted). Because the motion has not been resolved by the district court, we conclude that appellant's notice of appeal is premature and we therefore lack jurisdiction. NRAP 4(a)(6). Any aggrieved party may file a notice of appeal after the motion for reconsideration is resolved. NRAP 4(a)(4). Accordingly, we
ORDER this appeal DISMISSED.