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Hayes v. Gittere

Supreme Court of Nevada
Sep 16, 2021
No. 83421 (Nev. Sep. 16, 2021)

Opinion

83421

09-16-2021

DAVEON KYREE HAYES, Appellant, v. WILLIAM A. GITTERE, WARDEN, Respondent.

Daveon Kyree Hayes Attorney General/Carson City Clark County District Attorney


UNPUBLISHED OPINION

Daveon Kyree Hayes Attorney General/Carson City Clark County District Attorney

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order denying a petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on October 8, 2020. The district court served notice of entry of that order on appellant on October 13, 2020. Appellant did not file the notice of appeal, however, until August 24, 2021, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See NRAP 4(b); Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

Parraguirre, Silver, Herndon Judges

Hon. Monica Trujillo, District Judge


Summaries of

Hayes v. Gittere

Supreme Court of Nevada
Sep 16, 2021
No. 83421 (Nev. Sep. 16, 2021)
Case details for

Hayes v. Gittere

Case Details

Full title:DAVEON KYREE HAYES, Appellant, v. WILLIAM A. GITTERE, WARDEN, Respondent.

Court:Supreme Court of Nevada

Date published: Sep 16, 2021

Citations

No. 83421 (Nev. Sep. 16, 2021)