Opinion
No. 77815-COA
11-27-2019
FREDERICK OMOYUMA SILVER, Appellant, v. STEVEN B. WOLFSON, CLARK COUNTY DISTRICT ATTORNEY; CLARK COUNTY CHILD SUPPORT DIVISION; CLARK COUNTY DISTRICT ATTORNEY FAMILY SUPPORT DIVISION; AND CANDICE KATIE TOWNER, Respondents.
ORDER OF AFFIRMANCE
Frederick Omoyuma Silver appeals a district court order of dismissal with prejudice. Eighth Judicial District Court, Clark County; Richard Scotti, Judge.
In the proceedings below, Silver filed suit against respondents alleging a violation of his civil rights, specifically, his right to due process and his right to be free from unreasonable seizures. Upon respondents' motions to dismiss and over Silver's objection, the district court concluded it lacked jurisdiction over the matter and dismissed the case with prejudice. This appeal followed.
On appeal, Silver challenges the district court's dismissal and argues only that the district court dismissed the matter without any "statement of decision." But the district court's order, as noted above, stated that it dismissed the case due to a lack of jurisdiction. And because Silver failed to raise any arguments addressing the grounds relied on by the district court in dismissing his complaint, he has waived any such challenge. See Powell v. Liberty Mut. Fire Ins. Co., 127 Nev. 156, 161 n.3, 252 P.3d 668, 672 n.3 (2011) ("Issues not raised in an appellant's opening brief are deemed waived"). We note that in his statement of facts, Silver summarized the arguments he made in opposing dismissal below and stated that the district court had subject matter and personal jurisdiction over the matter. To the extent these statements could be construed as raising this issue on appeal, Silver has failed to make any cogent argument to support his summary assertions regarding jurisdiction. See Edwards v. Emperor's Garden Rest., 122 Nev. 317, 330 n.38, 130 P.3d 1280, 1288 n.38 (2006) (explaining that this court need not consider claims that are not cogently argued). As a result, we necessarily affirm the district court's order dismissing Silver's complaint.
Insofar as Silver raises arguments that are not specifically addressed in this order, we have considered the same and conclude that they either do not present a basis for relief or need not be reached given the disposition of this appeal. Further, given our disposition of this appeal, we deny as moot all other request for relief currently pending in this case. --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Richard Scotti, District Judge
Frederick Omoyuma Silver
McFarling Law Group
Clark County District Attorney/Civil Division
Eighth District Court Clerk