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OpenJurist

443 P.3d 1122

Padilla v. State

Nevada Supreme Court

Decided July 5, 2019

Nevada Supreme Court · decided 2019-07-05

Relies on Rust v. Clark County School District · Brown v. MHC Stagecoach, LLC

Decided 2019-07-05

¶1ORDER DISMISSING APPEAL

¶2This is a pro se appeal. Eighth Judicial District Court, Clark County; David M. Jones, Judge.

¶3Appellant claims this is an appeal from an order dismissing his civil rights complaint on May 5, 2019. Review of the documents transmitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. No dismissal has been entered in the district court docket entries; the only relevant entry is an order to statistically close the case, lodged on May 9, 2019. This entry does not dispose of the action. SeeBrown v. MHC Stagecoach , LLC, 129 Nev. 343, 301 P.3d 850 (2013) (form orders statistically closing a case are not final and appealable). No written order dismissing the complaint has been entered. The notice of appeal is therefore prematurely filed, and is of no effect. See NRAP 4(a)(1) ; Rust v. Clark Cty. School District , 103 Nev. 686, 747 P.2d 1380 (1987) (explaining that the district court's oral pronouncement from the bench, the clerk's minute order, and even an unfiled written order cannot be appealed). Until a written order disposing of the claims is entered, the matter remains pending. Accordingly, this court lacks jurisdiction, and

¶4ORDERS this appeal DISMISSED.

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