Stoner (Donovan) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA DONOVAN CHARLES STONER, No. 76702

Appellant, vs.

JACK PALMER, WARDEN,

Respondent.

FILED

SEP 1 it 2018 E A.EROAN Gre

OF F PNALat.). DEPUTY CLERK

ORDER DISMISSING APPEAL

This appeal was initiated by the filing of a pro se notice of appeal. Second Judicial District Court, Washoe County; Elliott A. Sattler, Judge.

Appellant filed a notice of appeal on August 13, 2018. The notice of appeal fails to designate the specific judgment or order being challenged on appeal. See NRAP 3(c)(1)(B). To the extent that appellant's appeal is in regard to the order dismissing a postconviction petition for a writ of habeas corpus entered on August 24, 2017, the notice of appeal was untimely filed.' See NRS 34.575: NRAP 4(b); NRAP 26(a); NRAP 26(c). "[Ain untimely notice of appeal fails to vest jurisdiction in this court."

'Appellant filed a timely appeal from this order, and the Court of Appeals affirmed the order of the district court. See Stoner v. Warden, Docket No. 74088 (Order of Affirmance, July 31, 2018). A second duplicate appeal may not be pursued.

SUPREME COURT

OF NEVADA

(01 1947A

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.

J.

AA; Gibbons Hardesty cc: Hon. Elliott A. Sattler, District Judge

Donovan Charles Stoner Attorney GeneraPCarson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT

OF NEVADA

(0) I947A

MORIN