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Alexander v. Williams

SUPREME COURT OF THE STATE OF NEVADA
Jul 28, 2017
No. 73458 (Nev. Jul. 28, 2017)

Opinion

No. 73458

07-28-2017

DEMETRI LAMAR ALEXANDER, Appellant, v. BRIAN WILLIAMS, WARDEN; AND THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, 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; Linda Marie Bell, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on December 2, 2016. The district court served notice of entry of that order on appellant on December 8, 2016. Appellant did not file the notice of appeal, however, until July 3, 2017, well after the expiration of the thirty-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, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

/s/_________, J.

Hardesty /s/_________, J.
Parraguirre /s/_________, J.
Stiglich cc: Hon. Linda Marie Bell, District Judge

Demetri Lamar Alexander

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk


Summaries of

Alexander v. Williams

SUPREME COURT OF THE STATE OF NEVADA
Jul 28, 2017
No. 73458 (Nev. Jul. 28, 2017)
Case details for

Alexander v. Williams

Case Details

Full title:DEMETRI LAMAR ALEXANDER, Appellant, v. BRIAN WILLIAMS, WARDEN; AND THE…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 28, 2017

Citations

No. 73458 (Nev. Jul. 28, 2017)