IN THE SUPREME COURT OF THE STATE OF NEVADA

JOHN EVOL FORNEY, No. 78350 Appellant, vs. THE STATE OF NEVADA, Respondent.

APR 2 2 2019 E.13,ZARFI; aROWN CLERK CF S',-)PRENIE COURT DEPUTY CCE- Rir ORDER DISMISSING APPEAL This is a pro se appeal from an order denying a postconviction petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 23, 2018. The district court served notice of entry of that order on appellant on August 27, 2018. Appellant did not file the notice of appeal, however, until March 11, 2019, 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 u.

State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court concludes that it lacks jurisdiction to consider this appeal, and this court ORDERS this appeal DISMISSED.

Pickering • J.

SUPREME COURT --94.1t r Parraguirre Cadish OF NEVADA (0) 1947A CO ,Iq-1753(o cc: Hon. William D. Kephart, District Judge John Evol Forney Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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