Johnson (Brent) v. Warden

• Court: Nevada Supreme Court
• Decided: August 25, 2017
• Docket: 73141
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRENT JOHNSON, No. 73141 vs. Appellant,

BRIAN WILLIAMS, WARDEN, FILED Respondent. AUG 2 5 2017 ELIZABETH ¼ BROWN CLERK F PREME COURT BY - ORDER DISMISSING APPEAL DEPUTY CLERK

This 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 January 5, 2017. The district court served notice of entry of that order on appellant on January 17, 2017. Appellant did not file the notice of appeal, however, until May 22, 2017, well after the expiration of the thirty- day appeal period prescribed by NRS 34.575. "[Nil 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.

Douglas 7/1 1# , J.

Pickering Hardesty SUPREME COURT OF NEVADA

(0) 1947A 17- 2134, ‘1 8 cc: Hon. Linda Marie Bell, District Judge Brent Johnson Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

10) 1947A e 2