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

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(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

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