Kokoski (Dale) Vs. Warden
This text of Kokoski (Dale) Vs. Warden (Kokoski (Dale) Vs. Warden) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
DALE JAMES KOKOSKI, No. 83441 Appellant, vs. WILLIAM HUTCHINGS, WARDEN, FILED Respondent.
ORDER DISMISSING APPEAL
This is a pro se appeal from a district court order denying a petition for writ of habeas corpus. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge. This court's preliminary review of this appeal reveals a jurisdictional defect. Specifically, the district court served notice of entry of the order denying a petition for writ of habeas corpus on July 2, 2021. Appellant did not file the notice of appeal, however, until August 27, 2021, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lazada 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.
Parraguirre
, J. , J. Silver Herndon
SUPREME COURT Of NEVADA
(0) 1947A 44.01, LI- 2011 •:;• :.:14;440kseatol - cc: Hon. Erika D. Ballou, District Judge Dale James Kokoski Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk
(0) 1947A .41P114 2 : Eade.W.A1
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Kokoski (Dale) Vs. Warden, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kokoski-dale-vs-warden-nev-2021.