Kieren, Jr. v. State

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

SUPREME COURT

OF

NEVADA

(O r7A