Kieren, Jr. v. State
This text of Kieren, Jr. v. State (Kieren, Jr. v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
DENNIS KEITH KIEREN, JR., No. 84871 Appellant, VS. THE STATE OF NEVADA; CHARLES DANIELS, DIRECTOR, NDOC; AND RANDALL GILLMER, DIV. PUB. FILE SAFETY, NDOC, Res ondents. JUN 30 2022 ELIZABETH A. BROWN CLERKFSU) ZE E COURT BY DEPUTY CLERK
ORDER DISMISSING APPEAL This is a pro se appeal from a district court order granting a motion to dismiss. First Judicial District Court, Carson City; James Todd Russell, Judge. Review of the notice of appeal and other documents before this court reveals a jurisdictional defect. The notice of appeal was prematurely filed in the district court after the filing of a timely tolling motion for rehearing and before that tolling motion was resolved via a written order entered in the district court. See NRAP 4(a)(4) (regarding tolling motions); AA Primo Builders, LLC v. Washington, 126 Nev. 578, 585, 245 P.3d 1190, 1195 (2010) (describing when a post-judgment motion carries tolling effect). To date, it appears that the tolling motion remains pending in the district court. As this court lacks jurisdiction to consider a premature notice of
SUPREME COURT OF NEVADA
(0) 1947A appeal, see NRAP 4(a)(6) ("A premature notice of appeal does not divest the district court of jurisdiction."), this court ORDERS this appeal DISMISSED.
- J. Hardesty
AlLIPAira Stiglich Herndon
cc: Hon. James Todd Russell, District Judge Dennis Keith Kieren, Jr. Attorney General/Carson City Carson City Clerk
(O r7A 2
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