Opinion
No. 82838
05-14-2021
NASIR WARFIELD, Appellant, v. NDOC, Respondent.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.
This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order dismissing appellant's petition on March 8, 2021. The district court served notice of entry of that order on appellant on March 10, 2021. Appellant did not file the notice of appeal, however, until April 26, 2021, 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). Accordingly, this court lacks jurisdiction to consider this appeal, and
ORDERS this appeal DISMISSED.
/s/_________, J.
Cadish /s/_________, J.
Pickering /s/_________, J.
Herndon cc: Hon. Erika D. Ballou, District Judge
Nasir Warfield
Attorney General/Carson City
Eighth District Court Clerk