Opinion
No. 78758
05-31-2019
DEMARIAN ANTOINE CLEMONS, Appellant, v. BRIAN WILLIAMS, WARDEN; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; AND THE STATE OF NEVADA, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathy A. Hardcastle, Judge.
This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on September 8, 2016, The district court served notice of entry of that order on appellant on September 13, 2016. Appellant did not file the notice of appeal, however, until May 6, 2019, well after the expiration of the 30 day appeal period prescribed by NRS 34.575. "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). To the extent that appellant appeals from the "Petition for Writ of Habeas Corpus Good and Work Time, Meritorious Award Calculations NRS 34.724 Subjection 2(c)" filed on February 25, 2019, no decision had been made on that petition when appellant filed his appeal on May 6, 2019. Accordingly, this court
ORDERS this appeal DISMISSED.
/s/_________, J.
Pickering /s/_________, J.
Parraguirre /s/_________, J.
Cadish cc: Chief Judge, The Eighth Judicial District Court
Hon. Kathy A. Hardcastle, Senior Judge
DeMarian Antoine Clemons
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk