IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES STARK, A/K/A KENYON No. 71757 STARK, Appellant, vs. THE STATE OF NEVADA, Respondent FILED JAN 3 0 2017 ELIZABETH A. BROWN CLERKJOF UPFtEIME COURT .

BY DEPUTY CLERK

ORDER DISMISSING APPEAL This appeal was initiated by the filing of a pro se notice of appeal. Eighth Judicial District Court, Clark County; Jessie Elizabeth Walsh, Judge.

Our review of this appeal reveals a jurisdictional defect. The notice of appeal states that appellant appeals "the findings of fact, conclusion of law denying petitioner's habeas corpus petition as filed/entered on the 20 day of May, 2016." No order or final judgment was entered on May 20, 2016. To the extent appellant appeals from the order denying a postconviction petition for a writ of habeas corpus entered on March 21, 2016, the notice of appeal is untimely filed. NRAP 4(b); NRS 34.575(1); NRAP 26(a); NRAP 26(c). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. SUPREME COURT OF _NEVADA (0) 1947A 491iSF T-03318 349, 352, 871 P.2d 944, 946 (1994), we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED,'

604 , 14 j.

Douglas

Gibbons Pickering

cc: Hon. Jessie Elizabeth Walsh, District Judge James Stark Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'In light of this order, the pro se motion to appoint counsel filed on December 23, 2016, is denied as moot.

SUPREME COURT OF NEVADA (0) 1947A 4.404(10