Ellingson (Bradley) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRADLEY ELLINGSON, No. 75616 Appellant, vs.

WARDEN BRIAN WILLIAMS; AND FILED THE STATE OF NEVADA,

Respondents.

MAY 1 4 2018 ELIZABETH A. BROWN CLER%F gPREIME COURT BY DEPUTY LI CLEM , ORDER DISMISSING APPEAL This is a pro se appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus. Seventh Judicial District Court, White Pine County; Steve L. Dobrescu, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order dismissing appellant's petition on November 9, 2017. The district court served notice of entry of that order on appellant on November 9, 2017. Appellant did not file the notice of appeal, however, until April 16, 2018, 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 t). 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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Pickering P

Gibbons Hardesty SUPREME COURT

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Attorney General/Carson City

White Pine County Clerk

SUPREME COURT

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