Williams (Gregory) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

GREGORY ALAN WILLIAMS, No. 72774 Appellant, vs.

BRIAN WILLIAMS, WARDEN; THE

STATE OF NEVADA DEPARTMENT FILED OF CORRECTIONS; AND THE STATE

OF NEVADA, MAY 1 9 2017 Respondents. Eura Erni A, BROWN CLERK OF SUPREME COURT BY DEPUIY CLEP' 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 22, 2016. The district court served notice of entry of that order on appellant on November 30, 2016. Appellant did not file the notice of appeal, however, until March 20, 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.

Hardesty

00.425,,,r761, /444C4-0 SUPREME COURT

Parraguirre Stiglich OF

NEVADA (0) 1947A mtWg#.

711033 Vira cc: Hon. Linda Marie Bell, District Judge

Gregory Alan Williams

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(0) 1947A 2