McKibbins (Antonio) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANTONIO TONY MCKIBBINS, No. 72808 Appellant, vs.

BRIAN WILLIAMS, WARDEN; FR OFFENDER MANAGEMENT

DIVISION; AND THE STATE OF MAY NEVADA, ROW11 ,EAtA3R) CIPIIWAV Respondents.

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 January 23, 2017. The district court served notice of entry of that order on appellant on January 25, 2017. Appellant did not file the notice of appeal, however, until April 7, 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

All414J9 J. ethamareamErr

Parraguirre Stiglich SUPREME COURT

OF

NEVADA

(0) 1947A e lfr14213 cc: Hon. Linda Marie Bell, District Judge

Antonio Tony McKibbins

Attorney GenerallC arson City

Attorney General/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(0) 1947A .0 2