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

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