Thomas (Courtney) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

COURTNEY BRONSTHORPE No. 72450 THOMAS,

Appellant, vs.

ISIDRO BACA, WARDEN, NORTHERN

NEVADA CORRECTIONAL CENTER,

Respondent. MAY 1 1 2017

ORDER DISMISSING APPEAL This is a pro se appeal from an order of the district court dismissing and 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 October 12, 2016. The district court served notice of entry of that order on appellant on October 13, 2016. Appellant did not file the notice of appeal, however, until February 17, 2017, well after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "[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

Ai4c,a J. Stiglich SUPREME COURT

OF

NEVADA

(0) 1947A cc: Hon. James Todd Russell, District Judge

Courtney Bronsthorpe Thomas

Attorney General/Carson City

Carson City Clerk

SUPREME COURT

OF

NEVADA

01/1 1047A