IN THE SUPREME COURT OF THE STATE OF NEVADA

TYRESSE JACKSON, No. 80024 vs. Appellant, FILED THE STATE OF NEVADA, Respondent.

ORDER DISMISSING APPEAL This is an appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

Because it appeared from this court's initial review that the notice of appeal was untimely filed, this court entered an order directing counsel for appellant to respond and demonstrate why this appeal should not be dismissed. Counsel for appellant has responded to this court's order and proposes that his offices excusable neglect in filing the notice of appeal out of time should prevent dismissal of this appeal. The court may not extend the time to file a notice of appeal. NRAP 26(b)(1)(A). Counsel failed to file the notice of appeal within the time period permitted. This court lacks iurisdiction, see Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994), and ORDERS this appeal DISMISSED.

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J. , J.

Hardesty Cadish cc: Hon. William D. Kephart, District Judge TCM Law Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk