1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 GUSTAVO ALVIZAR, Case No. 3:18-cv-00425-HDM-CLB 5 Petitioner, 6 v. ORDER 7 STATE OF NEVADA, et al., 8 Respondents. 9 10 11 In this habeas corpus action, the Court denied the habeas corpus petition of 12 Gustavo Alvizar on June 29, 2020 (ECF No. 27), and judgment was entered the same 13 date (ECF No. 28). The Court denied Alvizar a certificate of appealability. See Order 14 entered June 29, 2020 (ECF No. 27). Any notice of appeal by Alvizar was then due on 15 July 29, 2020. See Rule of Appellate Procedure 4(a)(1) (30 days to file notice of 16 appeal). 17 On July 31, 2020, the Court received from Alvizar a letter (ECF No. 29), dated 18 July 23, 2020, indicating his intention to appeal, and requesting instruction how to do so. 19 The Court treats Alvizar’s July 23, 2020, letter as a notice of appeal. Furthermore, the 20 Court determines that Alvizar, who is incarcerated in Arizona, must have presented the 21 letter for filing at the prison where he is incarcerated before the July 29, 2020, deadline 22 for filing a notice of appeal, and, under the prison mailbox rule, his notice of appeal is 23 timely. See Houston v. Lack,

, 270–71 (1988). 24 /// 25 /// 26 /// 27 /// 1 IT IS THEREFORE HEREBY ORDERED that the Clerk of the Court is directed to 2 treat Petitioner’s July 31, 2020, filing (ECF No. 29) as a timely notice of appeal, and 3 process his appeal accordingly. 4 5 DATED THIS _1_0_th day of __A_u_g_u_s_t_______________, 2020. 6 7 HOWARD D. McKIBBEN, 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27