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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38251
Short Caption:MILTON VS. DEP'T OF PRISONSCourt:Supreme Court
Lower Court Case(s):Pershing Co. - Eleventh Judicial District - 01306Classification: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:11/22/2002How Submitted:On Briefs

+ Party Information

Docket Entries
07/30/2001Filing Fee Filing Fee Waived.
07/30/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 01-12844
08/08/2001Order/ProceduralFiled 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
08/13/2001Record on Appeal DocumentsFiled Record on Appeal Copy. 01-13705
08/13/2001Case Status Update Submitted for Decision.
09/04/2001BriefReceived Proper Person Brief. Appellant's Opening Brief. 01-14867
09/10/2002Order/ProceduralFiled 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
09/10/2002BriefFiled Proper Person Brief. Appellant's Opening Brief. 01-14867
10/10/2002BriefFiled Answering Brief. Mailed on: Hand delivered 10/10/02. 02-17581
10/10/2002AppendixFiled Appendix to Answering Brief. 02-17582
10/17/2002MotionReceived 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
11/05/2002Order/ProceduralFiled 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
11/05/2002MotionFiled 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
11/13/2002MotionFiled Response to Order to Show Cause. (Answering Brief - see order filed 09/10/02). 02-19529
11/22/2002BriefFiled Reply Brief. Mailed on: 11/21/02. 02-20171
11/22/2002Case Status Update Submitted for Decision.
05/14/2003Opinion/DispositionalFiled 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
06/18/2003Post-Judgment OrderFiled 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
07/15/2003RemittiturIssued Remittitur. 03-10368
07/15/2003Case Status Update Remittitur Issued/Case Closed.
07/31/2003RemittiturFiled Remittitur. Received by County Clerk on July 16, 2003. 03-10368