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Dennis Keith KIEREN, Jr., Appellant, v. The STATE of Nevada; Charles Daniels, Director, NDOC; and Randall Gillmer, Div. Pub. Safety, NDOC, Respondents.
ORDER DISMISSING APPEAL
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 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.
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Docket No: No. 84871
Decided: June 30, 2022
Court: Supreme Court of Nevada.
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