Opinion
No. 79840
11-15-2019
TIMOTHY W. CONNORS, Appellant, v. WARDEN, SOUTHERN DESERT CORRECTIONAL CENTER, JERRY HOWELL; SOUTHERN DESERT CORRECTIONAL CENTER; AND NEVADA DEPARTMENT OF CORRECTIONS, Respondents.
ORDER DISMISSING APPEAL
This is a pro se appeal from the district court order denying a postconviction petition for writ of habeas corpus and request for evidentiary hearing. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.
Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 1, 2019. The district court served notice of entry of that order on appellant on August 5, 2019. Appellant did not file the notice of appeal, however, until October 2, 2019, well after the expiration of the 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). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we
Given this dismissal, this court takes no action in regard to the documents filed on November 4 and 5, 2019.
/s/_________, J.
Pickering /s/_________, J.
Parraguirre /s/_________, J.
Cadish cc: Hon. Valerie Adair, District Judge
Timothy W. Connors
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk