Gant (Lemar) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

LEMAR ANTONIO GANT, No. 72232 Appellant, vs.

BRIAN WILLIAMS, WARDEN, FILED Respondent.

APR 2 1 2017 ELIZABETH A. BROWN CLERK OF‘ 9UPREME COURT BY CCEPila 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 23, 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.

Hardesty

—c24)tanakrial.77, Al4G400 , J. Parraguirre Stiglich SUPREME COURT

OF

NEVADA (0 I947A

17- 1 31-10g cc: Hon. Linda Marie Bell, District Judge

Hon. Kathy Hardcastle, Senior Judge

Lemar Antonio Gant

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(0) 1947A 2