Castro (Martin) v. Warden

• Court: Nevada Supreme Court
• Decided: October 17, 2022
• Docket: 85437
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARTIN CASTRO, No. 85437

vs. Appellant, FILED, TIM GARRETT, WARDEN, OC 17 21W Respondent. A. BROWN UPREIVE COO

CLERK

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 5, 2022. The district court served notice of entry of that order on appellant on August 11, 2022. Appellant did not file the notice of appeal, however, until September 28, 2022, well after the expiration of the 30-day appeal period prescribed by NRS 34.575. See 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, this court ORDERS this appeal DISMISSED.

, J. Hardesty

J. J. Stiglich Herndon

SUPREME COURT OF NEVADA

)1 1947A 2_7-32q7-6 cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 17 Martin Castro Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF N EVA DA

101 l'U7A 2