Opinion
No. 61439
03-04-2014
PHILLIP JACKSON LYONS, Appellant, v. THE STATE OF NEVADA; AND DAVID ROGER, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DISMISSING APPEAL
This is a proper person appeal from a district court order dismissing a civil rights action as to respondent David Roger. Eighth Judicial District Court, Clark County; Kenneth C. Cory, Judge.
Our review of the documents before us reveals a jurisdictional defect. Specifically, the order that appellant is challenging is not a final, appealable judgment. NRAP 3A(b)(l) (allowing appeals from a final judgment in an action or proceeding). A final judgment is one that disposes of all claims and leaves nothing for the future consideration of the district court except for post-judgment issues such as attorney fees and costs. See Lee v. GNLV Corp., 116 Nev. 424, 426, 996 P.2d 416, 417 (2000). Here, the order being appealed from seemingly disposed of all claims against respondent David Rogers. But both appellant and his co-plaintiffs below also brought claims against respondent State of Nevada, which remain pending below. Until those claims are resolved, no final, appealable judgment exists. Accordingly, we lack jurisdiction to consider this appeal, and we therefore
ORDER this appeal DISMISSED.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Kenneth C. Cory, District Judge
Phillip Jackson Lyons
Clark County District Attorney/Civil Division
Eighth District Court Clerk