Opinion
No. 76003
06-15-2018
BRIAN KAMEDULA, Appellant, v. DESIREE HULTENSCHMIDT; KENNETH D. TABER; DONALD POAG; KATHERINE HEGGE; DWAYNE DEAL; WILLIAM SANDIE; ROBERT LEGRAND, WARDEN; CHARLES SCHARDIN; ROBERT B. BANNISTER; ROMERO ARANAS; JAMES G. COX; THE STATE OF NEVADA BOARD OF PRISON COMMISSIONERS; SGT. STARLIN GENTRY; CONNOR RUTHERFORD; JONATHAN SHEPPHIRD; C/O JASON ALLEN; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; THE STATE OF NEVADA; AND THE HONORABLE BRIAN SANDOVAL, GOVERNOR, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order granting in part and denying in part a motion to amend appellant's complaint. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.
Our review of the notice of appeal and documents transmitted with that notice reveals a jurisdictional defect. The challenged order is not appealable under NRAP 3A(b)(1) because appellant's claims remain pending in the district court. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining a final judgment as one that disposes of all issues presented and leaves nothing for the court's future consideration except for post-judgment issues such as attorney fees and costs). As no other statute or court rule appears to authorize an appeal from the challenged order, see Brown v. MHO Stagecoach, LLC, 129 Nev. 343, 345, 301 P.3d 850, 851 (2013) (explaining that this court has jurisdiction to consider an appeal only when the appeal is authorized by statute or court rule), we conclude that we lack jurisdiction and we
ORDER this appeal DISMISSED.
/s/_________, J.
Cherry
/s/_________, J.
Parraguirre
/s/_________, J.
Stiglich cc: Hon. Jim C. Shirley, District Judge
Brian Kamedula
Attorney General/Carson City
Pershing County Clerk