IN THE SUPREME COURT OF THE STATE OF NEVADA

DARIO OLIVAS, No. 82002 Appellant, vs. THE STATE OF NEVADA, FILED Respondent.

ORDER DISMISSING APPEAL This is a pro se appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.

This court's review of this appeal reveals a jurisdictional defect.

Specifically, the notice of appeal was untimely filed. NRAP 4(b); NRS 34.575(1); NRAP 26(a); NRAP 26(c). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev, 349, 352, 871 P.2d 944, 946 (1994), this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

Parraguirre

AC,A. ,J , J.

Hardesty Cadish

SUPREME COURT OF NEVADA

(0) 1947A 0409:0 cc: Hon. Carolyn Ellsworth, District Judge Dario Olivas Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A .tell. 2