Martinez (Robert) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROBERT MARTINEZ, No. 75573 Appellant,

WARDEN,

VS.

F Respondent. 2018 A efEERK OF FriFFME COURT ORDER DISMISSING APPEAL rH 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.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 24, 2017. The district court served notice of entry of that order on appellant on August 28, 2017. Appellant did not file the notice of appeal, however, until April 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 u. 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.

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Robert Martinez

Attorney General/Carson City

Eighth District Court Clerk

SUPREME COURT

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