| Case Information: 44718 | |||
| Short Caption: | PARKS VS. DRAIN | Court: | Supreme Court |
| Lower Court Case(s): | White Pine Co. - Seventh Judicial District - CF0304005 | Classification: | Civil Appeal - Family Law - Proper Person |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 03/21/2005 | How Submitted: | On Record |
| Party Information | ||
| Role | Party Name | Represented By |
| Appellant | Lawrence Seville Parks | In Proper Person |
| Respondent | David McNeely | Matthew L. Jensen (Attorney General/Carson City) Susan E. Lee (Attorney General/Carson City) |
| Respondent | Dwight Neven | Matthew L. Jensen (Attorney General/Carson City) Susan E. Lee (Attorney General/Carson City) |
| Respondent | Mark Drain | Matthew L. Jensen (Attorney General/Carson City) Susan E. Lee (Attorney General/Carson City) |
| Respondent | Roy Williams | Matthew L. Jensen (Attorney General/Carson City) Susan E. Lee (Attorney General/Carson City) |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 02/18/2005 | Filing Fee | Filing Fee Waived. | ||
| 02/18/2005 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 05-03365 | |
| 03/07/2005 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Record due in District Court Case No. CF0304005: 120 days. fn2[See NRAP 11(a)(2) (providing that the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.)] The record shall not include any exhibits filed in the district court. | 05-04435 | |
| 03/21/2005 | Record on Appeal Documents | Filed Record on Appeal Copy. Volumes 1 and 2. | ||
| 03/21/2005 | Case Status Update | Submitted for Decision. | ||
| 08/29/2005 | Order/Procedural | Filed Order/Civil Proper Person Appeal Statement. Appellant must file the appeal statement on or before 10/10/05. No response required unless ordered by this court. (Pilot program civil appeal statement mailed to proper person appellant.) | 05-17054 | |
| 09/09/2005 | Other Incoming Document | Filed Proper Person Document. Declaration. Nos. 44718/44928-cases are not consolidated. | 05-17884 | |
| 09/09/2005 | Motion | Filed Proper Person Motion. Motion for Court Order. | 05-17885 | |
| 10/12/2005 | Motion | Received Proper Person Motion. Motion for Sanction and - Order "911." Nos. 44718/44928-cases are not consolidated. 11/03/05 Order-fn2: filed proper person document.jcr | 05-20160 | |
| 10/12/2005 | Other Incoming Document | Received Proper Person Document. Declaration. Nos. 44718/44928-cases are not consolidated. 11/03/05 Order-fn2: filed proper person document.jcr | 05-20163 | |
| 11/03/2005 | Order/Procedural | Filed Order. Order Granting Motions in Part and Directing a Response in Docket No. 44718; Order of Affirmance in Docket No. 44928. fn2[As we have considered Parks' documents received on October 12, 2005, we direct the court clerk to file them in each appeal.] No. 44718. The clerk shall issue to Park four civil proper person appeal statement forms. Parks need not refer to legal authority. We deny his motion for permission to exceed the copy fee limit. Parks shall have 40 days to comply with the pilot program directions. No further extensions will be granted. Respondents shall have 70 days to demonstrate why the district court's dismissal order should not be reversed and the case remanded for further proceedings. Nos. 44718/44928 – cases are not consolidated. | 05-21735 | |
| 11/03/2005 | Other Incoming Document | Filed Proper Person Document. Declaration L. Seville Parks #56837. | 05-20152 | |
| 11/03/2005 | Motion | Filed Proper Person Motion. Motion for Sanction and - Order "911." | 05-20160 | |
| 11/03/2005 | Other Incoming Document | Filed Proper Person Document. Declaration. | 05-20163 | |
| 12/07/2005 | Brief | Filed Civil Proper Person Appeal Statement. | 05-23926 | |
| 12/30/2005 | Order/Procedural | Filed Order. Filed Order Denying Rehearing (No. 44928), Directing Transmission of Record (No. 46087), and Regarding Proper Person Documents. Unless Parks so moves and is subsequently granted permission to file a specified document, this court will not accept, but will instead return unfiled, any other document that he submits in these appeals (44718, 44928, 45056, 46087). In Docket No. 45056, Parks has submitted a document entitled 'affidavit and exhibits.' We deny as moot any relief requested in Parks' document with respect to Docket No. 45056. In Docket No. 44928, Parks submitted on November 18, 2005, a document styled 'motion for reconsideration and order 911 please?' We construe the 'motion for reconsideration' as a petition for rehearing. [We direct the clerk of this court to file Park's petition for rehearing.] We deny rehearing, as well as any other relief requested in the petition. In light of this determination, we deny as moot any relief requested in the other documents Parks has submitted, with respect to Docket No. 44928. Additionally, Parks has requested that he be appointed counsel to pursue investigation and litigation of the issues raised in his appeals, or alternatively, that this court remand the matters with orders that they be pursued in the district courts by appointed counsel. While we treat Parks' request as a motion for appointment of counsel in this appeal, we deny the motion. [We direct the court clerk to file Park's motion for appointment of counsel, received on November 18, 2005, in Docket No. 44718.] To the extent that Parks requests relief concerning the appointment of counsel in the district court, the request is premature and improperly addressed to this court at this time. Parks' request for an order directing that he be granted November supplies, his exhibits and affidavits thereto, and his concerns regarding his inability to complete his civil appeal statements are moot. Further, we deny any relief that Parks requests pertaining to the production of documents. In all other respects, Parks' requested relief involves other courts and is outside of the scope of these appeals. With regard to Parks' December 16, 2005 filing in Docket No. 46087, Parks' motions are improper and are denied. We have not, and will not in the future, consider any exhibits that are improperly submitted to this court, including those attached to his December 16 filing. [To the extent that Parks, in the cover letter addressing the documents provisionally received in this court on December 20, 2005, requests us to consider documents outside of the record, or to supplement the record, his request is denied. The clerk of this court shall return, unfiled, the proper person documents submitted with Parks' December 20 cover letter.] Finally, we have reviewed the documents on file in Docket No. 46087 and conclude that our review of the complete record is warranted. Accordingly, within 120 days from the date of this order, the clerk of the district court shall transmit to the clerk of this court a certified copy of the trial court record in District Court Case No. CF-0411017. [The complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.] The record shall not include any exhibits filed in the district court. [Because the district court held no hearings in the underlying case, there are no transcripts available. Thus, we deny Parks' request to mail him additional transcript request forms in Docket No. 46087, as asked for in his October 19, 2005 civil appeal statement. Likewise, it appears that no transcripts are available in Docket No. 44718.] Nos. 44718 / 44928 / 45056 / 46087 - cases are not consolidated. | 05-25436 | |
| 12/30/2005 | Motion | Filed Proper Person Motion. Motion for Appointment of Counsel. | 05-22761 | |
| 01/12/2006 | Motion | Filed Response to Order to Show Cause. | 06-00933 | |
| 02/09/2006 | Motion | Filed Proper Person Motion. Motion for Leave to file Documents. | 06-02989 | |
| 02/16/2006 | Motion | Filed Proper Person Motion. Motion for Leave to file Documents. Nos. 44718/46087-cases are not consolidated. | 06-03475 | |
| 02/24/2006 | Order/Procedural | Filed Order Granting Motion. and Denying Motions for Leave to file Documents. On December 30, 2005, this court entered an order prohibiting appellant from filing any subsequent documents unless he has first moved for, and been granted, permission to do so. Parks has filed two separate motions for leave to file documents in these appeals. In No. 44718 we grant Park's February 9 motion. The clerk shall file park's reply provisionally received in this court on February 9, 2006. In both Nos. 44718 and 46087, Parks filed a February 16, 2006 motion that he be allowed to file a letter. As the January 23 letter does not pertain to our consideration of the issues raised in those appeals, his request is denied. The clerk shall return, unfiled, the January 23 letter. Nos. 44718/46087 - cases are not consolidated. | 06-04144 | |
| 02/24/2006 | Other Incoming Document | Filed Proper Person Document. Appellant Opposition/Objection to Respondents Response in Docket No. 44718. | 06-02990 | |
| 02/24/2006 | Other | Returned Unfiled Document. Letter received February 16, 2006 to appellant L. Seville Parks. | ||
| 02/02/2007 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP07-RP/JH/NS | 07-02695 | |
| 02/28/2007 | Remittitur | Issued Remittitur. | 07-04399 | |
| 02/28/2007 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 03/15/2007 | Remittitur | Filed Remittitur. Received by County Clerk on March 5, 2007. | 07-04399 | |