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475 P.3d 774

Kille Vs. Calderin

Nevada Supreme Court

Decided November 20, 2020

Nevada Supreme Court · decided 2020-11-20

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Division of Child & Family Services v. Eighth Judicial District Court of the State of Nevada

Decided 2020-11-20

                       IN THE SUPREME COURT OF THE STATE OF NEVADA


                DAVID AUGUST KILLE, SR.,                               No. 81986
                                  Appellant,
                             vs.
                JULIO CALDERIN; DWIGHT NEVEN;
                                                                         FILE
                HIGH DESERT STATE PRISON; GREG                           NOV 2 0 2020
                COX; NEVADA DEPARTMENT OF
                CORRECTIONS; AND THE STATE OF
                NEVADA,
                                  Res ondents.



                                     ORDER DISMISSING APPEAL

                            This is a pro se appeal from a purported dismissal of a civil
                rights complaint. Eighth Judicial District Court, Clark County; Mary Kay
                Holthus, Judge.
                            Appellant previously appealed from a district court order
                granting summary judgment in the underlying 
42 U.S.C. § 1983
 religious
                freedom action. That appeal was docketed in this court as Docket No.
                72358. On May 10, 2019, this court entered an order affirming in part,
                reversing in part, and remanding. No order dismissing a complaint appears
                on the district court docket sheet and no appealable orders appear to have
                been entered in the district court since entry of a summary judgment order.
                To the extent appellant appeals from the district court's September 23,
                2020, oral decision to grant summary judgment in favor of defendants, an
                oral order of the district court is not appealable. Div. of Child and Family
                Servs. v. Eighth Judicial Dist. Court, 
120 Nev. 445, 454
, 
92 P.3d 1239, 1245
                (2004) (holding "that dispositional court orders that are not administrative
                in nature, but deal with the procedural posture or merits of the underlying
SUPREM COURT
     OF
   NEVADA


40> 1)47A 40.                                                               2-o 2,9
                    controversy, must be written, signed, and filed before they become
                    effective). Accordingly, this court
                                ORDERS this appeal DISMISSED.




                                                          ch-JaCY7lar.
                                              Parraguirre




                    Hardesty
                                 441-1,‘  1
                                               , J.
                                                                Cadish
                                                                         6*,   , J.




                    cc:   Hon. Mary Kay Holthus, District Judge
                          David August Kille, Sr.
                          Attorney General/Carson City
                          Eighth District Court Clerk




SUPREME COURT
       Of
    NEVADA


(0) 194 7A .1601,                                           2

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