Nevada Supreme Court, 2017

Toliver v. State, Dep't of Corr.'s

Toliver v. State, Dep't of Corr.'s
Nevada Supreme Court · Decided April 14, 2017

Toliver v. State, Dep't of Corr.'s

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

GEORGE A. TOLIVER, No. 72439 Appellant, vs. THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; F:LED AND BRIAN WILLIAMS, WARDEN, APR 1 Li 2017 Respondents.

ORDER DISMISSING APPEAL This is an appeal from a purported order denying a "motion for petition for writ of mandamus" entered February 7, 2017. Eighth Judicial District Court, Clark County; James Crockett, Judge.

Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, it appears that it was prematurely filed, before the entry of a final written judgment, and is therefore of no effect. See NRAP 4(a)(1); Rust v. Clark Cty. School District, 103 Nev. 686, 747 P.2d 1380 (1987). The district court minutes reflect that the petition was simply taken off calendar on February 7, 2017; no order resolving the petition has been entered. We conclude that we lack jurisdiction and we ORDER this appeal DISMISSED.

Gibboes Pickering

SUPREME COURT OF NEVADA

(0) 1947A en 17-1264- CC: Hon. James Crockett, District Judge George A. Toliver Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) I947A

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