IN THE SUPREME COURT OF THE STATE OF NEVADA

CODY LEAVITT, No. 70509 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. JUN 2 7 2016 E K. LINDEMAN CLE SLIPIREME.001 RI ORDER DISMISSING APPEAL TLA1 it7'4 9) This is a pro se appeal from a district court order dying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.

Our review of this appeal reveals a jurisdictional defect.

Specifically, the district court entered its order denying appellant's petition on March 30, 2016. The district court served notice of entry of that order on appellant on April 4, 2016. Appellant did not file the notice of appeal, however, until May 18, 2016, nine days after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.'

,J.

Hardesty

, J.

Pickering 'In light of this order, we deny as moot the pro se motions filed on June 14, 2016.

SUPREME COURT OF NEVADA

01 1947A e - 2a15-1 cc: Hon. Jennifer P. Togliatti, District Judge Cody Leavitt Attorney GenerallCarson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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