McKinley v. McClellan

• Court: Nevada Supreme Court
• Decided: April 6, 2018
• Docket: 75340
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

GARY E. MCKINLEY, No. 75340 Appellant, vs. MEGAN MCCLELLAN; ROBERT LEGRAND, WARDEN; S.L. FOSTER; FILE RICHARD MAIN; LEANNE RUTHERFORD; STARLIN GENTRY; J. APR 0 6 2018 HILDERBRAND; QUENTIN BYRNE; S. ty g Ait BAROS; CATHERINE CORTEZ MASTO; PUTY CLERra AND BENJAMIN JOHNSON, Respondents.

ORDER DISMISSING APPEAL This is a pro se appeal from various district court orders. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge. Our review of the documents submitted to this court pursuant to NRAP 3(g) reveals a jurisdictional defect. Specifically, the notice of appeal appears to be untimely filed under NRAP 4(a) because it appears that it was filed more than 30 days after service of written notices of entry of the orders appealed from.' See NRAP 4(a)(1); NRAP 26(c). Written notices of entry of the orders appealed from were filed and served by mail on December 16 and 21, 2016. Appellant's notice of appeal from these orders was due no later than January 20, 2017, and January 23, 2017. Appellant did not file his notice of appeal until March 9, 2018.

lit also appears that many of the orders appealed from may not be substantively appealable. See NRAP 3A(b). SUPREME COURT OF NEVADA

(0) 1947A An untimely notice of appeal fails to vest jurisdiction in this court. See Healy u. Volkswageniverk Aktiengesellschaft, 103 Nev. 329, 741 P.2d 432 (1987). Accordingly, we ORDER this appeal DISMISSED.

Aeku6Puf Pickering

Gibboffs

Hardesty

cc: Hon. Jim C. Shirley, District Judge Gary E. McKinley Attorney General/Carson City Attorney General/Las Vegas Pershing County Clerk

SUPREME COURT OF NEVADA

(0) 1947A e 2