Opinion
88653
05-22-2024
JAYSHAWN D. BAILEY, Appellant, v. THE STATE OF NEVADA, Respondent.
Jayshawn D. Bailey Attorney General/Carson City Clark County District Attorney
UNPUBLISHED OPINION
Jayshawn D. Bailey Attorney General/Carson City Clark County District Attorney
ORDER DISMISSING APPEAL
This is a pro se notice of appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on January 19, 2024. The district court served notice of entry of that order on appellant on January 22, 2024. Appellant did not file the notice of appeal, however, until May 7, 2024, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See NRAP 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). This court lacks jurisdiction and
ORDERS this appeal DISMISSED.
Herndon, J. Lee, J. Bell, J.
Hon. Michelle Leavitt, District Judge