Matthews, Jr. v. Las Vegas Justice Ct. ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
FELTON L. MATTHEWS, JR., No, 70256
Appellant,
vs.
LAS VEGAS JUSTICE COURT, LAS
VEGAS TOWNSHIP; LAS VEGAS FILED
JUSTICE COURT CLERK
DEPARTMENT 7; WARDEN D. NEVEN; MAY 1 1 2016
TRINITY PHARRIS; SGT. KIM; SGT.
SHIELDS; CO COIN; CO CROPPER; CO
JAMES WILSON; CO J.
HOLLINGSWORTH; CO J. RIGNEY;
SKY HOFFMAN; CO A. SAUNDERS:
DIRECTOR JAMES G COX; THE
STATE OF NEVADA DEPARTMENT
OF CORRECTIONS; THE STATE OF
NEVADA; AND SKYE HOMAN,
Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from an order granting a motion for
summary judgment and dismissing appellant's petition for a writ of
mandamus. Eighth Judicial District Court, Clark County; Joanna
Kishner, Judge.
Our review of the documents submitted to this court pursuant
to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears the
district court has not yet entered a final written order, and the notice of
appeal was prematurely filed. The district court held its hearing on April
5, 2016, at which time it dismissed the case. To date no written order
appears to have been entered. Thus, this appeal is premature and we lack
jurisdiction over the appeal at this time. See NRAP 4(a)(6) (providing that
"[a] premature notice of appeal does not divest the district court of
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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"); Rust v. Clark Cnty. Sch. Dist.,
103 Nev. 686, 688-89, 747 P.2d 1380, 1381-82 (1987) (explaining that oral
rulings are ineffective for appeal purposes and that a written order or
judgment must be filed before a district court ruling can be appealed).
Accordingly, we
ORDER this appeal DISMISSED.
Douglas
s qA
,91
dr J
Cherry
cc: Hon. Joanna Kishner, District Judge
Felton L. Matthews, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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