IN THE SUPREME COURT OF THE STATE OF NEVADA

BARRY CRAIG MALONE, No. 68487 Appellant, vs. THE STATE OF NEVADA, FILED Respondent.

JUN 2 7 2016

ORDER DISMISSING APPEAL This is an appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

Notice of entry of the challenged order was served on appellant and his counsel by mail on June 12, 2015. Because the notice of appeal was filed in the district court on July 20, 2015, four days beyond the relevant appeal period, see NRS 34.575(1); NRAP 26(c), and appellant has failed to demonstrate that he delivered the notice of appeal to a prison official for mailing on or before the expiration of the appeal period, see NEAP 4(d), we conclude that the notice of appeal was not timely filed.

Therefore, we lack jurisdiction, see Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), and we ORDER this appeal DISMISSED.

vert.4; J.

Hardesty

j.

Saitta SUPREME COURT OF NEVADA • (0) 1947A kc) a-cf.P2i cc: Hon. Carolyn Ellsworth, District Judge The Law Office of Dan M. Winder, P.C.

Terrence M. Jackson Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Barry Craig Malone

SUPREME COURT OF NEVADA

(0) 1947A e 2