Alexander (Demetri) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEMETRI LAMAR ALEXANDER, No. 73458 Appellant, vs.

BRIAN WILLIAMS, WARDEN; AND

THE STATE OF NEVADA

FILED DEPARTMENT OF CORRECTIONS, JUL 2 8 2017 Respondents.

CLERK ORDER DISMISSING APPEAL This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on December 2, 2016. The district court served notice of entry of that order on appellant on December 8, 2016. Appellant did not file the notice of appeal, however, until July 3, 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.

AA;

Hardesty

Mist' ' J. :°1:firar j.

Parraguirre Stiglich SUPREME COURT

OF

NEVADA

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

Demetri Lamar Alexander

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA 2 (0) 1947A