Opinion
No. 58975.
09-16-2011
Eddie L. JACKSON, Appellant, v. The STATE of Nevada, Respondent.
Keith Brower Eddie L. Jackson Attorney General/Carson City Clark County District Attorney
Keith Brower
Eddie L. Jackson
Attorney General/Carson City
Clark County District Attorney
ORDER DISMISSING APPEAL
This is a proper person appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jackie Glass, Judge.
Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on May 12, 2011. The district court served notice of entry of that order on appellant on June 6, 2011. Appellant did not file the notice of appeal, however, until August 10, 2011, 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
To the extent that appellant was attempting to appeal from the purported denial of a petition filed on April 14, 2011, it does not appear from the docket entries that the district court has made a decision on the petition. Thus, this notice of appeal would be premature.
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ORDER this appeal DISMISSED.