Nevada Supreme Court, 2017

Williams (Ronald) v. State

Williams (Ronald) v. State
Nevada Supreme Court · Decided March 6, 2017

Williams (Ronald) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RONALD CURTIS WILLIAMS, No. 72099 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED MAR 0 6 2017 ELEACETE it. BROWN CLERK OF SUPREME COURT BY — 45.10&ert-- ORDER DISMISSING APPEAL DEPUTY CL

This is a pro se appeal from a purported district court order resolving a "petition of writ of habeas corpus." Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

Our review of this appeal reveals a jurisdictional defect. To the extent that appellant appeals from the order denying a postconviction petition for a writ of habeas corpus entered on October 11, 2011, the notice of appeal is untimely filed. 1 NRAP 4(b); NRS 34.575(1); NRAP 26(a); NRAP 26(c). "[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).

Review of the district court docket and minute entries indicates that no petition for a postconviction writ of habeas corpus has been filed since the petition that was the subject of the district court's October 11, 2011, order, 2 and no written order of any kind has been entered since that date.

1 Further, appellant filed a timely appeal from this order that was docketed in this court on October 11, 2011, in Docket No. 59389. This court affirmed the district court by order entered May 9, 2012. Id. The district court docket entries indicate that a document entitled "Supplemental Petition" was filed on February 2, 2012, however, it is unclear what that document is, and it appears that there has been no SUPREME COURT OF continued on next page...

NEVADA (0) 1947A e 0-07636- Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Douglas

Gibbons Pickering

cc: Hon. Carolyn Ellsworth, District Judge Ronald Curtis Williams Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

...continued activity in the district court case since that date, until appellant filed the instant notice of appeal on December 29, 2016.

SUPREME COURT OF NEVADA

(0) 1947A (e 2

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