Kieren, Jr. v. State

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. FILED SAFETY, NDOC,

Respondents. JUN 30 2022

ELIZABETH A. BROWN CLERK OF SUPREME COURT

BY = i 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

SupRemMe Court OF NEvaDA

. > a -2Oo3E 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.

} XU. Loot. J.

Hardesty

Won J. LA— J. Stiglich Herndon

cc: Hon. James Todd Russell, District Judge Dennis Keith Kieren, Jr. Attorney General/Carson City Carson City Clerk

Supreme Court OF Nevaba

(0) 1947A oc 9