Kokoski (Dale) Vs. Warden

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

SUPREME COURT OF NEVADA

(0) 1947A .41P114 2 :

Eade.W.A1