Opinion
85437
10-17-2022
MARTIN CASTRO, Appellant, v. TIM GARRETT, WARDEN, Respondent.
UNPUBLISHED OPINION
ORDER DISMISSING APPEAL
HARDESTY, J.
This is a pro se notice of appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus.
This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 5, 2022. The district court served notice of entry of that order on appellant on August 11, 2022. Appellant did not file the notice of appeal, however, until September 28, 2022, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See 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, this court ORDERS this appeal DISMISSED.
STIGLICH, J. HERNDON, J.