IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVEON KYREE HAYES, No. 83421 Appellant, vs. WILLIAM A. GITTERE, WARDEN, FILED Respondent.

SEP 1 6 2021 TN A. BROWN CLE BY DEPUTY CLERK ORDER DISMISSING APPEAL This is a pro se appeal from a district court order denying a petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

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

Specifically, the district court entered its order denying appellant's petition on October 8, 2020. The district court served notice of entry of that order on appellant on October 13, 2020. Appellant did not file the notice of appeal, however, until August 24, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See NEAP 4(b); Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Parraguirre

, J.

Silver Herndon cc: Hon. Monica Trujillo, District Judge Daveon Kyree Hayes Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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