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Potter v. State Dep't of Corr.

Court of Appeals of Nevada
Nov 4, 2022
No. 84247-COA (Nev. App. Nov. 4, 2022)

Opinion

84247-COA

11-04-2022

CHRISTIAN POTTER, Appellant, v. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, TIME KEEPER, N.D.O.C, Respondent.


UNPUBLISHED OPINION

ORDER DISMISSING APPEAL

GIBBONS, C.J.

Christian Potter appeals from a district court order dismissing a civil rights action. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.

This appeal was docketed in the supreme court on February 16, 2022, and later transferred to this court. While this case was still pending before the supreme court, it issued a notice on February 16, 2022, regarding filing deadlines, which set the time for Potter to file his transcript request form, docketing statement, and his opening or informal brief. The notice cautioned that failure to timely file the required brief could result in the dismissal of the appeal. Although Potter filed a transcript request form and docketing statement, he failed to file a brief within the 120-day period for doing so outlined in the supreme court's February 16 notice, which made the due date for Potter's brief June 16, 2022.

In light of Potter's failure to timely file his opening or informal brief, on August 18, 2022, the supreme court entered an order directing him to file that brief within 14 days of that order's date. The August 18 order cautioned Potter that his failure to timely comply with the directives contained therein may result in the dismissal of this appeal. Under the August 18 order, Potter's brief was due on or before September 1, 2022.

To date, Potter has failed to file either an opening or informal brief, despite being twice directed to do so by the supreme court, with explanation that the failure to comply with this directive could result in the dismissal of his appeal. Under these circumstances, it appears that Potter has abandoned this appeal, and we therefore

ORDER this appeal DISMISSED.

Tao, J., Bulla, J.

Hon. Steve L. Dobrescu, District Judge


Summaries of

Potter v. State Dep't of Corr.

Court of Appeals of Nevada
Nov 4, 2022
No. 84247-COA (Nev. App. Nov. 4, 2022)
Case details for

Potter v. State Dep't of Corr.

Case Details

Full title:CHRISTIAN POTTER, Appellant, v. THE STATE OF NEVADA DEPARTMENT OF…

Court:Court of Appeals of Nevada

Date published: Nov 4, 2022

Citations

No. 84247-COA (Nev. App. Nov. 4, 2022)