Moore-Miontgomery (Brandon) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRANDON MOORE-MONTGOMERY, No. 76421 Appellant, vs.

PERRY RUSSELL, WARDEN,

Respondent.

FILED AUG 4r.1 3 2018 ELIZABETH A. BROWN

ORDER DISMISSING APPEAL

BY 4 \M-AA-Ite_e CLERK OF SUPREME COURT DEPUTY CLE

This is a pro se appeal from a district court order denying a petition for writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge.

This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court mailed written notice of entry of the order denying the petition for writ of habeas corpus on April 30, 2018. Appellant did not file the notice of appeal, however, until July 12, 2018, well after the expiration of the thirty-day appeal period prescribed by NRAP 4(b). See NRS 34.575. "[Nil 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

SUPREME COURT

Clajtek

Parraguirre r ar

41.43C4A Stiglich ,J.

OF

NEVADA

(0) 1947A a

12-zels. c93 cc: Hon. James Todd Russell, District Judge Brandon Moore-Montgomery

Attorney General/Carson City

Carson City Clerk

SUPREME COURT

OF

NEVADA (0) 1947A (4)04430