Opinion
No. 64723
06-09-2014
RENARD TRUMAN POLK, Appellant, v. THE STATE OF NEVADA; PERSHING COUNTY; BOARD OF PAROLE COMMISSIONERS; CLARK COUNTY; AND ROBERT LEGRAND, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 complaint. The documents transmitted to this court pursuant to NRAP 3(g) reveal that the order of dismissal at issue here was entered on September 20, 2013, and that a timely motion for reconsideration was filed on September 27, 2013. Based on the documents before us, it does not appear that this motion has been resolved by a formal written order. Accordingly, appellant's notice of appeal is premature and fails to confer jurisdiction on this court. See NRAP 4(a)(6); AA Primo Builders, LLC v. Washington, 126 Nev. ___, ___, 245 P.3d 1190, 1195 (2010) (holding that a timely, written, post-judgment motion for reconsideration that seeks a substantive change to the judgment tolls the time to file a notice of appeal until the entry of a written order granting or denying the motion). As a result, appellant's appeal must be dismissed. We note, however, that appellant, if aggrieved following the resolution of his reconsideration motion, may file a new notice of appeal once a written order resolving the reconsideration motion is entered. See NRAP 4(a)(4).
In light of this order, we deny as moot appellant's February 19, 2014, motion for disqualification and/or petition for rehearing.
__________, J.
Hardesty
__________, J.
Douglas
__________, J.
Cherry
cc: Hon. Michael Montero, District Judge
Renard Truman Polk
Attorney General/Carson City
Pershing County Clerk