IN THE SUPREME COURT OF THE STATE OF NEVADA

JOE KELLY ARMSTEAD, No. 74871 Appellant, vs. ISIDRO BACA, WARDEN, FILED Respondent. MAR 0 5 2018 13-1 A. BROWN I OPRE a d E COU a• r DEPUTY 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. First Judicial District Court, Carson City; James E. Wilson, Judge. Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on October 23, 2017. The district court served notice of entry of that order on appellant on October 24, 2017. Appellant did not file the notice of appeal, however, until January 9, 2018, well after the expiration of the thirty-day appeal period prescribed by NRS 34.575. "[Ain 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.

Cherry

A4z3ets..0 —94s3ta r Parraguirre Stiglich SUPREME COURT OF NEVADA ,r-I9r174/ (0) 194M cc: Hon. James E. Wilson, District Judge Joe Kelly Armstead Attorney General/Carson City Carson City Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A