Abdullah (Warith) Vs. State

• Court: Nevada Supreme Court
• Decided: August 16, 2021
• Docket: 83268
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WARITH DEEN ABDULLAH, No. 83268 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED AUG 1 6 2021 ELIZABETH A. BROWN CLERK OF E COURT By 5• DE f CLERI

ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court order denying and/or dismissing a postconviction petition for a writ of habeas Corpus. Appellant filed the notices of appeal on July 21, 2021. In his notices of appeal, appellant states that he is appealing from a decision entered on June 8, 2021. However, the documents before this court do not indicate that a postconviction petition for a writ of habeas corpus was recently filed or denied in district court case numbers A-20-815563-W and 03C191016, the case numbers designated in this appeal. To the extent that appellant's appeal is in regard to the findings of fact, conclusions of law and order entered on August 25, 2020, the notice of appeal was untimely filed. 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). In addition, that order was already appealed, and the Court of

SUPREME COURT OF NEVADA

I947A 02/-A3723 Appeals affirmed the decision in Docket No. 81774-COA. A second duplicate appeal may not proceed. Accordingly, this court ORDERS this appeal DISMISSED.

J. Cadish

p Pickering Herndon

cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 1 Warith Deen Abdullah Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk