Opinion
No. 78309
04-22-2019
ANTHONY R. SALAZAR, Appellant, v. THE STATE OF NEVADA; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; JAMES DZURENDA, DIRECTOR; BRIAN WILLIAMS, WARDEN; CASE WORKER BAKER; AND DEPUTY DIRECTOR TRISTON, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from an oral decision of the district court. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.
Review of the notice of appeal reveals a jurisdictional defect. The oral decision of the district court is ineffective and it does not appear that the district court has entered a written order regarding its oral decision. See Div. of Child and Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 451, 92 P.3d 1239, 1243 (2004) (holding that "dispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective"). Thus, the notice of appeal was prematurely filed and this court lacks jurisdiction. See NRAP 4(a)(6) (providing that "[a] premature notice of appeal does not divest the district court of jurisdiction" and that this "court may dismiss as premature a notice of appeal filed after the oral pronouncement of a decision or order but before entry of the written judgment or order"). Accordingly, this court
If aggrieved, appellant may file a new notice of appeal once the district court enters a written order.
/s/_________, J.
Hardesty /s/_________, J.
Stiglich /s/_________, J.
Silver cc: Hon. Linda Marie Bell, Chief Judge
Anthony R. Salazar
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk