Warfield (Nasir) Vs. Ndoc

485 P.3d 1262

• Court: Nevada Supreme Court
• Decided: May 14, 2021
• Docket: 82838
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NASIR WARFIELD, No. 82838 Appellant, vs. NDOC, FILED Respondent. MAY 1 i 2021 ELIZAB A. BROWN CLERK OF PREM COURT ORDER DISMISSING APPEAL By

This is a pro se appeal from a district court order dismissing a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, the district court entered its order dismissing appellant's petition on March 8, 2021. The district court served notice of entry of that order on appellant on March 10, 2021. Appellant did not file the notice of appeal, however, until April 26, 2021, after the expiration of the 30-day appeal period prescribed by NRS 34.575. "[Mil 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, this court lacks jurisdiction to consider this appeal, and ORDERS this appeal DISMISSED.

Cer4 Cadish

A ,J. ‘ 411.1reel=1 , J. Pickering Herndon cc: Hon. Erika D. Ballou, District Judge Nasir Warfield Attorney General/Carson City Eighth District Court Clerk

SUPREME COURT OF NEVADA

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