Opinion
No. 77374
12-10-2018
ORDER DISMISSING APPEAL
This is a pro se appeal from district court orders denying a motion to modify sentence and denying a motion for further declaratory relief. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge.
This court's review of this appeal reveals jurisdictional defects. The district court entered the order denying a motion to modify sentence on July 17, 2018. Appellant did not file the notice of appeal, however, until November 6, 2018, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[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). Further, no statute or court rule provides for an appeal from an order denying a motion for further declaratory relief. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we
ORDER this appeal DISMISSED.
/s/_________, J.
Pickering /s/_________, J.
Gibbons /s/_________, J.
Hardesty cc: Hon. Kimberly A. Wanker, District Judge
Carl Dean Edwards
Attorney General/Carson City
Nye County District Attorney
Nye County Clerk