Valez (Carlos) v. Offender Mgmt. Div. of Ndoc

Nevada Supreme Court

Valez (Carlos) v. Offender Mgmt. Div. of Ndoc

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CARLOS VALEZ, No. 78013 Appellant, vs. r I KT !A /3

OFFENDER MANAGEMENT DIVISION r rn, L4 OF NDOC, Respondent. FEB 1 3 2019 ELCZAFtETI-! A. Z:rkOWN CLERK OE SUP P.E:41 COURT 3Y DEPUTY C4 RK

ORDER DISMISSING APPEAL

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 November 2, 2018. The district court served notice of entry of that order on appellant on November 8, 2018. Appellant did not file the notice of appeal, however, until January 17, 2019, well after the expiration of the 30- 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, this court ORDERS this appeal DISMISSED.

IAe,,, frea.A1\ j Hardesty

Stiglich Silver SUPREME COURT OF NEVADA

(0) I 947A -0(27$1 cc: Hon. Linda Marie Bell, Chief Judge Carlos Valez Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A e0 2

Reference

Status
Unpublished