Clemons (Demarian) v. Warden

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEMARIAN ANTOINE CLEMONS, No. 78758 Appellant, vs.

BRIAN WILLIAMS, WARDEN; THE

STATE OF NEVADA DEPARTMENT

OF CORRECTIONS; AND THE STATE FILED OF NEVADA,

Respondents. MAY 3 2019

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; Kathy A. Hardcastle, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on September 8, 2016. The district court served notice of entry of that order on appellant on September 13, 2016. Appellant did not file the notice of appeal, however, until May 6, 2019, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). To the extent that appellant appeals from the "Petition for Writ of Habeas Corpus Good and Work Time, Meritorious Award Calculations NRS 34.724 Subjection 2(c)" filed on February 25, 2019,

SUPREME COURT

OF

NEVADA / -37 bt (0) 1947A no decision had been made on that petition when appellant filed his appeal on May 6, 2019. Accordingly, this court

ORDERS this appeal DISMISSED.

Pickering

1211jt

Parraguirre er Cadish cc: Chief Judge, The Eighth Judicial District Court Hon. Kathy A. Hardcastle, Senior Judge DeMarian Antoine Clemons

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

10) 1947A .47MS94 2