Opinion
No. 73417
07-31-2017
OSCAR PEREZ-MARQUEZ, Appellant, v. THE STATE OF NEVADA; THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS; JAMES DZURENDA; AND BRIAN E. WILLIAMS, SR., 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 March 7, 2017. The district court served notice of entry of that order on appellant on March 13, 2017. Appellant did not file the notice of appeal, however, until June 28, 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.
Douglas /s/_________, J.
Gibbons /s/_________, J.
Pickering cc: Hon. Linda Marie Bell, District Judge
Oscar Perez-Marquez
Attorney General/Carson City
Attorney General/Las Vegas
Eighth District Court Clerk