IN THE SUPREME COURT OF THE STATE OF NEVADA
JAMES ANTHONY DAVIS, No. 67743
Appellant,
vs.
THE HONORABLE DAVID B. BARKER,
DISTRICT JUDGE; FRANK J.
COUMOU, CHIEF DEPUTY DISTRICT
ATTORNEY; H. LEON SIMON, CHIEF
DEPUTY DISTRICT ATTORNEY; FILED
CAROLINE BATEMAN, DEPUTY FEB 0 3 2016
DISTRICT ATTORNEY; AND STEVEN
B. WOLFSON, CLARK COUNTY TRACE K. UNDEMAN
CLERK OF SUPREME COURT
DISTRICT ATTORNEY; CATHERINE ev
DEPUTY CLERK
CORTEZ MASTO, FORMER NEVADA
ATTORNEY GENERAL; THE STATE
OF NEVADA; THE HONORABLE
JENNIFER TOGLIATTI, DISTRICT
JUDGE; AND STATE BAR OF
NEVADA,
Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order dismissing
appellant's civil rights complaint for failure of service. Eighth Judicial
District Court, Clark County; Rob Bare, Judge.
Our review of the documents submitted to this court under
NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears several
defendants remain pending below, such that no final judgment has been
entered in the underlying case. See NRAP 3A(b)(1) (providing a right to
appeal from "[a] final judgment entered in an action"); Lee v. GNLV Corp.,
116 Nev. 424, 426, 996 P.2d 416, 417 (2000) (defining "a final judgment
[as] one that disposes of all the issues presented in the case, and leaves
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nothing for the future consideration of the court, except for post-judgment
issues such as attorney's fees and costs").
In particular, the order granting the motion to dismiss filed by
respondents district court judges David Barker and Jennifer Togliatti,
former Nevada Attorney General Catherine Cortez Masto, and the State of
Nevada simply states the motion to dismiss filed by these parties is
granted." It is not clear whether the district court's dismissal order
addresses the other defendants. Further, the record is not clear
concerning the service of the other defendants nor was the order certified
as final pursuant to NRCP 54(b). 2 Thus, we lack jurisdiction over this
appeal. See NRAP 3A(b)(1); Lee, 116 Nev. at 426, 996 P.2d at 417. 3
Accordingly, we
'Although respondents Togliatti, Masto, and the State of Nevada do
not appear in the district court caption transmitted to this court, they
were obviously parties to the complaint filed in the lower court as Davis
asserted claims against them in the body of the complaint. Therefore, we
instruct the clerk of this court to modify the caption in accordance with
this order.
2 This court has previously held that "[NRCP] 54(b) does not preclude
the grant of a final judgment against the only defendant who was served
and who made an appearance." Rae v. All Am. Life & Gas. Co., 95 Nev.
920, 922, 605 P.2d 196, 197 (1979). Because there is no indication in the
district court's order as to whether the remaining defendants were served,
it is unclear whether this court's holding in Rae would apply in this
instance
3 We note that the district court did not expressly invoke its power
pursuant to NRCP 4(i) to dismiss the other defendants on its own
initiative nor did the district court provide notice to Davis of its intent to
dismiss the other defendants.
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ORDER this appeal DISMISSED.
J.
Hardesty
CL J.
_fPTCej
l
Pickering
cc: Hon. Rob Bare, District Judge
James Anthony Davis
Attorney General/Carson City
Eighth District Court Clerk
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