Opinion
No. 65984
08-11-2014
MICHAEL ANGELO DRAKE, Appellant, v. CAROL NELSEN; PATRICIA REEVES; ALICIA LERUD; AND PERSHING COUNTY DISTRICT ATTORNEY GENERAL, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
Our review of the documents before us on appeal reveals a jurisdictional defect. Specifically, before filing his notice of appeal, appellant filed an NRCP 59(e) motion to alter or amend the judgment entered by the district court, which tolls the time for filing a notice of appeal. See NRAP 4(a)(4)(C); AA Primo Builders, LLC v. Washington, 126 Nev. ___, ___, 245 P.3d 1190, 1192-93 (2010) (recognizing that any motion seeking a substantive alteration of a judgment tolls the time for appealing that judgment). As both appellant and respondents effectively acknowledge, this motion has not yet been resolved by the district court. Thus, appellant's notice of appeal is premature, see NRAP 4(a)(6), and it fails to confer jurisdiction on this court. Accordingly, we order this appeal dismissed. Once the district court resolves the NRCP 59(e) motion, appellant, if still aggrieved following the resolution of that motion, may then appeal to this court. In light of this determination, we deny all requests for relief pending in this appeal as moot and we return, unfiled, the civil proper person appeal statement provisionally received in this court on July 11, 2014.
It is so ORDERED.
/s/_________, J.
Pickering
/s/_________,. J.
Parraguirre
/s/_________, J.
Saitta
cc: Hon. Richard Wagner, District Judge
Michael Angelo Drake
Pershing County District Attorney
Pershing County Clerk