IN THE SUPREME COURT OF THE STATE OF NEVADA

FRANK JAVIER HERNANDEZ, No. 73944 Appellant, vs. THE STATE OF NEVADA, FLIED Respondent. NOV 1 4 2017 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; Eric Johnson, Judge.

Our review of this appeal reveals a jurisdictional defect.

Specifically, the district court entered its order denying appellant's petition on June 26, 2017. The district court served notice of entry of that order on appellant on June 27, 2017. Appellant did not file the notice of appeal, however, until September 5, 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.

/14,tvet.4; Hardesty

J.

Pafraguirre V Stiglich SUPREME COURT OF NEVADA

(0) 1947A e 1M3(11(0 cc: Hon. Eric Johnson, District Judge Frank Javier Hernandez Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) (947A e 2