Botelho (Michael) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL TODD BOTELHO, No. 75191 Appellant, vs.

JAMES BENEDETTI, WARDEN; AND

THE STATE OF NEVADA, N Respondents.

APR 1 2018 ELLZABEM A. BROWN CLERK„QF B" E'RELE COURT BY DEPU

ORDER DISMISSING APPEAL This is a pro se appeal from a district court "[fraudulent] order [alllegedly filed in July 2017 but not [r]eceived... until 1-16-2018." Second Judicial District Court, Washoe County; Jerome M. Polaha, Judge.

This court's review of this appeal reveals a jurisdictional defect. Review of the district court minute entries do not indicate that the district court entered any appealable order from which this court can exercise its appellate jurisdiction. To the extent that appellant appeals from the order denying a "motion to dismiss all charges with prejudice for the lack of subject matter jurisdiction of district court," the notice of appeal was untimely filed, and no statute or court rule provides for an appeal from such an order. Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (an untimely notice of appeal fails to vest jurisdiction in this court); Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (right to appeal is •

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(0) I947A 4E49 i'3- 1 ‘137(o. statutory: where no statute or court provides for an appeal, no right to appeal exists). Accordingly, we

ORDER this appeal DISMISSED.'

J.

cc: Hon. Jerome M. Polaha, District Judge

Michael Todd Botelho

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk

'Given this order, we take no action on the pro se document filed on March 13, 2018.

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