| Case Information: 38251 | |||
| Short Caption: | MILTON VS. DEP'T OF PRISONS | Court: | Supreme Court |
| Lower Court Case(s): | Pershing Co. - Eleventh Judicial District - 01306 | 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: | 11/22/2002 | How Submitted: | On Briefs |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 07/30/2001 | Filing Fee | Filing Fee Waived. | ||
| 07/30/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 01-12844 | |
| 08/08/2001 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Record due: 30 days. fn3--[The record shall not include any exhibits filed in the district court.] | 01-13374 | |
| 08/13/2001 | Record on Appeal Documents | Filed Record on Appeal Copy. | 01-13705 | |
| 08/13/2001 | Case Status Update | Submitted for Decision. | ||
| 09/04/2001 | Brief | Received Proper Person Brief. Appellant's Opening Brief. | 01-14867 | |
| 09/10/2002 | Order/Procedural | Filed Order. Directing Response. Based upon our review of the record and appellant's opening brief, fn1[Appellant requests leave to file his opening brief in proper person. See NRAP 46(b). We direct the clerk of this court to file the opening brief received from appellant on September 4, 2001.] we determine that a response from respondent is warranted. Respondent shall have 30 days from the date of this order to file and serve a response addressing why the district court's order dismissing appellant's action should be affirmed. Appellant may file and serve any reply brief within 20 days after service of the response is made. | 02-15609 | |
| 09/10/2002 | Brief | Filed Proper Person Brief. Appellant's Opening Brief. | 01-14867 | |
| 10/10/2002 | Brief | Filed Answering Brief. Mailed on: Hand delivered 10/10/02. | 02-17581 | |
| 10/10/2002 | Appendix | Filed Appendix to Answering Brief. | 02-17582 | |
| 10/17/2002 | Motion | Received Proper Person Motion. Motion for Extension of Time for Submission of Reply Brief and for Order Directing Service of Case Authority Upon Appellant. | 02-18090 | |
| 11/05/2002 | Order/Procedural | Filed Order Granting Motion. On October 17, 2002, appellant submitted a motion for extension of time to file the reply brief, and for an order directing respondent to serve him with a copy of a case cited in respondent's answering brief. fn1[The clerk of this court shall file the proper person document received provisionally on October 17, 2002.] We direct respondent to serve appellant with a copy of Gonzales within 10 days from the date of this order, and to provide this court with proof of service. Appellant shall have 20 days from the date the case is served within which to serve and file any reply brief. | 02-19063 | |
| 11/05/2002 | Motion | Filed Proper Person Motion. Motion for extension of Time for Submission of Reply Brief and for Order Directing Service of Case Authority Upon Appellant. | 02-18090 | |
| 11/13/2002 | Motion | Filed Response to Order to Show Cause. (Answering Brief - see order filed 09/10/02). | 02-19529 | |
| 11/22/2002 | Brief | Filed Reply Brief. Mailed on: 11/21/02. | 02-20171 | |
| 11/22/2002 | Case Status Update | Submitted for Decision. | ||
| 05/14/2003 | Opinion/Dispositional | Filed Per Curiam Opinion. "Affirmed." fn11[Milton claims that he placed the summons and complaint in the hands of prison officials before the expiration of the limitation period set forth in NRS 11.190(4). The Department acknowledges that it received an envelope addressed to the district court on January 5, 2001, but does not concede that the envelope contained the process against it. We do not foreclose Milton the right to relief under NRCP 60(b), or via independent action to establish via evidentiary hearing that the delay in delivery was the result of some mischief. However, he can only obtain relief if fraud is shown. Again, if the innocent 'vagaries' of the prison mail system caused the delay, the expiration of the limitation period must fall on Milton; after all, he had two years to commence this action.] Before Rose, Maupin and Gibbons, JJ. Author: Per Curiam. 119 Nev. Adv. Opn. No. 21. NNP03. | 03-08184 | |
| 06/18/2003 | Post-Judgment Order | Filed Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). fn1[Although appellant was not granted leave to file papers in proper person, see NRAP 46(b), we have considered appellant's petition.] NNP03-RR/WM/MG | 03-10222 | |
| 07/15/2003 | Remittitur | Issued Remittitur. | 03-10368 | |
| 07/15/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 07/31/2003 | Remittitur | Filed Remittitur. Received by County Clerk on July 16, 2003. | 03-10368 | |