Connors (Timothy) Vs. Warden

• Court: Nevada Supreme Court
• Decided: November 15, 2019
• Docket: 79840
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TIMOTHY W. CONNORS, No. 79840 Appellant, vs. WARDEN, SOUTHERN DESERT CORRECTIONAL CENTER, JERRY HOWELL; SOUTHERN DESERT 1 CORRECTIONAL CENTER; AND Fi NEVADA DEPARTMENT OF NOV 1 5 CORRECTIONS, EL3 Res ondents. CLER F OURT BY DEPUTY

ORDER DISMISSING APPEAL

This is a pro se appeal from the district court order denying a postconviction petition for writ of habeas corpus and request for evidentiary hearing. Eighth Judicial District Court, Clark County; Valerie Adair, Judge. Our review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order denying appellant's petition on August 1, 2019. The district court served notice of entry of that order on appellant on August 5, 2019. Appellant did not file the notice of appeal, however, until October 2, 2019, well after the expiration of the 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,

SUPREME COURT OF NEVADA

039 I947A <441P. q • iffyII at 946 (1994). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.1

J. Parraguirre

cc: Hon. Valerie Adair, District Judge Timothy W. Connors Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'Given this dismissal, this court takes no action in regard to the documents filed on November 4 and 5, 2019.