Smith (Deborah) v. Director

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEBORAH LYNN SMITH, No. 72259 Appellant, vs.

JAMES DZURENDA, DIRECTOR; AND FILED THE STATE OF NEVADA

DEPARTMENT OF CORRECTIONS,

APR 2 1 2017 ELIZABETH A. BROWN Respondents. CLERK OF SUPREME COURT BY

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on November 15, 2016. The district court served notice of entry of that order on appellant on November 16, 2016. Appellant did not file the notice of appeal, however, until January 25, 2017, well 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.

Gibboxis Pickering SUPREME COURT

OF

NEVADA (0) 1947A

013379 cc: Hon. Linda Marie Bell, District Judge

Deborah Lynn Smith

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(0) I94Th 4*), 2