Alvizar (Gustavo) v. State

day for filing." NRAP 4(d) further provides that when the prison has a notice-of-appeal log or another system designed for legal mail, the prisoner must use the logs to receive the benefit of this rule. Because appellant signed his notice of appeal on February 4, 2014, this court directed the attorney general to obtain and transmit a copy of the notice-of-appeal log. If appellant did not use the notice-of-appeal log, the attorney general was to inform this court whether appellant used any other logs. On May 8, 2014, the attorney general submitted a timely response. The attorney general indicates that the prison maintains both a notice-of-appeal log and a legal mail log.

It does not appear from the logs maintained by the prison that appellant delivered his notice of appeal to prison officials in a timely fashion. Appellant did not use the notice-of-appeal log and used the legal mail log on April 3, 2014, well after the time for filing a notice of appeal. Therefore, the April 8, 2014 filing date of the notice of appeal in the district court controls. Because appellant's notice of appeal was untimely filed, we

ORDER this appeal DISMISSED.

J.

J. Parraguirre

Saitta

SUPREME COURT

OF

NEVADA (0) 1947A e cc: Hon. Janet J. Berry, District Judge

Gustavo Alvizar

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk

SUPREME COURT

OF

NEVADA (0) I94Th (40.